if my employer does not issue Form 16a, what do i do while submitting returns?I earn professional fees

 Our Expert Chartered Accountant is of this opinion for your question:

You can file the IT Returns showing the TDS and claiming that your tax liability has been discharged to the extent of TDS by employer.

In the absence of Form 16 issued by the employer, you should be able to establish the authenticity of the TDS claim by showing the payslips issued by the employer, Bank statement for the account where your salary has been credited etc.

Income Tax Department may (In most cases, will) call for clarification from the employee.

If you have any further queries, please email us and we will get back to you with our response.

Warm Regards,

InvestmentYogi

My previous employer has give me form 16 with wrong figures. Let me brief about it. As per our pay structure, we were having monthly, quarterly and yearly bonus. When I left the job, he didn't pay me my bonuses (quarterly and yearly) which was deducted every month. But on form 16 he has shown that he has paid me full of my salary. Because of this, TDS figures also shows that the tax deducted at source was less and earnings were higher. I tried to contact my previous employer; but he is not responding. Should I officially lodge a complain to IT department. I can get all of my bank statements in which money is deposited. Please suggest me as what should I do.

From your query ,it is clear that you are not working as a employee,rather working as a professional in the company .As suggested in earlier reply you should file your return with details available with you .Further You should write a letter to your company ,requesting them to issue form 16A immediately otherwise you will report the matter to ITO tds under which company falls.Remember it is mandatory to issue form 16A by 30.04.2009 for FY 2008-09 otherwise 100 rs per day penalty may be imposed.After this letter they will definitely issue you the form 16A. The other alternating which you can adopt is Form 26AS .After one time registration with TIN-fc you can check your tax deducted details as uploaded by your company. The other thing I would like to share with you that in case of professional fee income other expenses also can be booked .Like car ,phone,office rent electricity,helper,books etc etc .This is reverse of the salary income where no expenses is allowed whereas in professional income everything is allowed which is done to earn the professional income.