Issue of Form-16 by an employer is obligatory on his part whether the separation was controversial or not. The Form-16 is essentially a document which certifies the payments made by the employer on various heads and the TDS. The employer is bound to issue it. If an employer refuses/desists from issuing the Form-16, the employee should give him a notice (may/may not a legal one) sent by Regd A/D post and a copy marked to the concerned IT Officer (also through Regd A/d post or an acknowledgement obtained as a proof) giving the employer a reasonable time to issue Form -16. The reasonable time could be anything from 15 days onwards. If in spite of issuing this notice the employer does not issue Form-16, the employee can fill up his 'Return' with available documents as proof of payments received by him (payslips,receipts,vouchers etc.) With Return he should enclose a letter addressed to the concerned ITO giving facts of case and enclosing copy of letter sent to the employer with proof of despatch/receipt as also the proof of despatch/receipt of the copy of the letter to IT Officer. TAN of employer should also be mentioned. ITO will accept Return and may initiate action against employer.
