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What is Form 16? - Part A & Part B, How to Download, Eligibility & FAQs of Form 16

Updated on: 13 Aug, 2022 12:09 AM

Form 16 document is one of the most important tax documents for both salaried employees and the employers. In this guide we have covered each and every aspect related to Form 16. This guide is divided into two sections-

What is Form 16?

Form 16 is a certificate issued to salaried individuals from their employer when he deducts tax from the employee salary. In simple words, it is an acknowledgement that states your income from that particular employer which has been accrued during last Financial year and Tax deducted upon it (if any).
Form 16 is an important document that is issued in accordance with the provisions of the Income Tax Act,1961. Form 16 contains details of the amount of tax deducted at source (TDS) on salary by your employer along with the salary breakup for the financial year. In a nutshell, it could be said that Form 16 is a certificate of proof of the TDS deducted & deposited by your employer.


Why Form 16 is required?

Form 16 is a very important document as it:

  • Serves as proof that the government has received the tax deducted by your employer.
  • Assists in the process of filing your income tax return with the Income Tax Department.
  • Many banks and financial institutions demand Form 16 for verification of the person’s credentials while applying for loans.

Who issues Form 16?

Income Tax Law mandates the employer who holds TAN no and deducts tax on the salary of an employee to issue Form 16. So, If your tax is not being deducted then your employer can refuse to issue Form 16 to you.


Time limit in which Form 16 is to be issued?

It must be issued by 15th June of the year for which it is being issued. For example, for the F.Y. 2021-22. the due date for the issue of Form 16 was 15th June 2022. If any employer delays or fails to issue Form 16 by the specified date, then he is liable to pay a penalty of Rs.100 per day till the date the default continues.


Learn How to Fill Form 16? Details Required to Fill Form 16 While Filing Your Return

Understanding & learning how to fill form 16 is very simple. It is divided into two sections- Part A and Part B.

Part A of Form 16:

This part of income tax form 16 covers employer, employee, TDS payment details. It shows quarter-wise details of your tax deposited with the government. Some of the details are:

  1. Name and Address of the employer.
  2. PAN and TAN of the employer.
  3. Name and Address of the employee
  4. PAN of the employee
  5. Statement of taxes paid by the employer

Part B of Form 16:

This part shows the detailed computation of Income, on the basis of which tax is being calculated and deducted by your employer. It contains the breakup of the salary earned by you, various deductions, exemptions (if any) and the tax computation after considering all the items on the basis of applicable tax slab rates. The details mentioned in Part B are as follows:

- Wheather opting for Taxation under section 115BAC: Yes or No
(for better understanding of 115BAC, please refer to our guide on 115BAC or click here)

A. Gross Salary(1): This part of Form 16 requires details of salary as per provisions of section 17(1), perquisites and any profits received in lieu of salary u/s 17(2)&17(3) respectively.

B. Exemptions and allowances considered(2): Earlier in this part of form, combined information of all the exemptions under Section 10 was required, but with the introduction of new Form 16, a list of allowances is provided, and the details are required to be filled. The list of allowances are as follows:

  • Travel concession or assistance under section 10(5)
  • Death-cum-retirement gratuity under section 10(10)
  • Commuted value of pension under section 10(10A)
  • Cash equivalent of leave salary encashment under section 10(10AA)
  • House rent allowance under section 10(13A)
  • Amount of any other exemption under section 10

    (Note:- Breakup of this will be prepared by employer and will be provided to employee before furnishing part B of form 16, it may includes the following:-
    -Remuneration received as an official, by whatever name called, of an embassy, high commission etc under section 10(6)
    - Allowances or perquisites paid or allowed as such outside India by the government to a citizen of India for rendering service outside India under section 10(7).
    - Compensation limit notified by CG in official gazette as per 1st proviso of section 10(10B)
    - Compensation under schemes approved by CG as per proviso of section 10(10B)
    - Amount received/ receivable on VRS or termination of service under section 10(10C)
    - Tax paid by the employer on Non Monetary perquisites under section 10(10CC)
    - Prescribed Allowances or benefits (not in nature of perquisites) specifically granted to meet expenses wholly, necessarily and exclusively and to the extent actually incurred, in performance of duties of office or employment under section 10(14)(i)
    - Prescribed Allowances or benefits (not in nature of perquisites) specifically granted to meet personal expenses in the performance of duties of office or employment or to compensate him for the increased cost of living under section 10(14)(ii).

C. Total Amount of Salary received from Employer (3): This part of the form calculates the total salary received including allowances and other perquisites.

D. Deductions under Section 16 (4): Budget 2018 announced the standard deduction in lieu of transport and medical allowances received by the employee which can maximum amounts to Rs. 40,000 and then increased to 50,000 p.a. In the new form 16(a) separate column for standard deduction is introduced. All the deduction columns are mentioned below:

  • Standard deduction under section 16(ia)
  • Entertainment allowance under section 16(ii)
  • Tax on employment under 16(iii)

E. Total amount of deduction under section 16(5)

F. Income Chargeable under the head Income from Salaries (6): This column shows the net income form salary after deduction of all the allowances and deductions. This includes Income from House Property and Income from Other Sources

G. Any other income declared by the employee as per section 192BB (7): This column of the form enables the employee to declare any other income with the proof of the income.

H. Total amount of other income reported by the employee (8): This column provides a total of all income earned by an employee other than salary.

I. Gross Total Income (9): This column of the form indicates the total income of employees reduced by the exemptions but before deduction under Chapter VI-A.

J. Deduction under Chapter VI-A (10): Earlier, there was no separate list of deductions, an option was there to disclose the section under which deduction has been claimed. But in Form 16, disclosure of deductions is required as per a separate list.

K. Aggregate of deductible amount under Chapter VI-A (11): This column totals the amount of deduction from all the sections under Chapter VI- A as claimed by the employee.

L. Total taxable Income (12): This column refers to the net income of the employee after considering deduction under Chapter VI-A.This is the amount on which tax is calculated.

M. Tax on Total Income (13): This column specifies the Tax amount as per the applicable tax slabs in column 12.

N. Rebate under section 87A, if applicable (14): This Column specifies the tax rebate, If the total income of a person doesn’t exceed Rs. 5,00,000/- then a tax rebate of 100% will be available to the person under this column subject to a maximum amount of Rs. 12,500/-.

O. Surcharge, wherever applicable (15): This column refers to the additional tax in form of a surcharge which is applicable if income exceeds a certain benchmark limit (currently 50lac, 100lac, 200lac & 500lac).

P. Health and Education Cess (16): This column is introduced in the new Form 16.

Q. Tax payable (17): This column is calculated as 13+15+16-14.

R. Relief under section 89 (18): This column refers to any relief which is allowed against the arrear of salary received in the Previous year.

S. Net tax payable (19)

Form 16 Part-B

Eligibility Criteria for Form 16

Every salaried employee whose income falls under the taxable band is eligible for Form 16 according to regulations released by the Indian Government's Finance Ministry.
If an employee's income does not fall within the tax rates established, Tax Deducted at Source is not required (TDS). As a result, in certain situations, the employer is not required to give Form 16 to the employee.
However, many organisations now provide this certificate to employees as a good work practice because it contains a consolidated picture of the individual's earnings and has other applications.


How does the Form 16 process work?

As per the procedure laid down by the Income Tax Department, the person deducting your tax files returns with the government. Thus, The TDS entries get updated in the department’s database once your employer files the TDS return. The last date to deposit the TDS for the month of March is April 30. The TDS return for the last quarter (Jan to March) is to be filed latest by 31st May. After the TDS return is filed, it takes 10 to 15 days to reflect the entries in the department's database. Then after, your employer downloads the Form-16 and issues it to you.


How do I get Form 16?

Form 16 is issued by your employer and you can expect it by the end of May/June. But if it’s not issued by the end of June, then you may demand it from your employer. Generally, the accounts or HR department issues Form 16.

In case, If any person dosen’t receive his Form 16 and has got his TDS deducted then he/she may intimate the same to the Jurisdictional A.O. who may take appropriate action for same and if found employer guilty then carry out other further proceedings including levy of penalty


I lost my Form 16, what should I do?

Form 16 is the most important document for you to file your income tax return and you should preserve this document carefully. But if you’ve lost it, do not panic, check your mail, whether it has been emailed to you by your employer or not. If it’s not sent to you on your email, then you can simply request your employer to issue a copy of Form 16.


Can I file my return without form 16?

Yes, an income tax return can be e-filed even without income tax form 16, you are required to have all the necessary documents of your sources of income, any perquisites, allowances claimed, investments made, medical payments and any donations made.


I haven’t received any Form 16 from my employer; do I still need to file my income tax return?

If your Gross Total Income exceeds 2,50,000 then it is mandatory to file an income tax return. Your employer is liable to issue form 16 only when he has deducted tax from your salary. If your employer does not deduct tax and your income exceeds the specified limit then even if you don’t have form 16, you are required to file your income tax returns.

There are various other conditions also, other than income above 250000 due to which a person would be mandatorily required to file ITR, major those are:

  1. Deposit of more than 100 lac in one or more current account during the year.
  2. Incurred expenditure of more than 2 lacs on foreign travel.
  3. Incurred expenditure of more than 1lac on electricity

I haven’t received Form 16, how do I calculate my Salary Income?

If you haven’t received a Form 16, then for the purpose of return filing, you will have to refer to your salary payslips, bank statements, tax-saving investment proofs, home and education loan certificates and Form 26AS etc for filing income tax returns. While payslips contain details of your income like basic salary and allowances, Form 26AS contains the details of all your tax deducted and tax paid.

The Form 26 AS can be viewed/downloaded from the Income Tax Department’s online portal i.e. https://www.incometax.gov.in/iec/foportal

For example Ms. Tania was working with XYZ Ltd. and she didn’t receive any Form 16. In such a case, she consulted experts and they calculated the income on the basis of her monthly payslips which showed a basic salary of Rs. 30,000 per month. It also had details of transport allowance of Rs. 2,000 per month. Further, she had her home loan certificate, because of which she was allowed a deduction of Rs. 50,000 from her income. Hence, the final calculated income of Ms. Tania would be calculated as follows:

Basic Salary = 30,000 x 12 months = 3,60,000
Transport Allowance (after introduction of standard deduction transport allowance is fully taxable subject to the following exceptions:-
blind/deaf/dumb or orthopedically handicapped with disability of lower extremities and allowance is for commuting from place of residence to place of duty for an employee.
Transport allowance for employee of transport business for meeting personal expenditure during the running of such transport Considering that Tania falls under no such case = 2,000 x 12 months = 24,000 is taxable.
Hence, the Taxable Income [after deducting the basic exemption limit] of Ms. Tania will be Rs.34000 (3,60,000 + 24000 – 2,50,000 (basic exemption) – 50,000 Standard deduction -50,000 deduction for home loan).

handy-docs

My employer has deducted tax from my salary, but neither did he issue me a Form 16 nor does my Form 26AS show any such deduction entries?

In such a case, it may be possible that your employer has deducted the tax from your salary but has not deposited the same in the credit of the Government account. ou must pay the full amount of tax while filing your income tax return. Also, you should immediately bring this matter or default to the notice of your employer.
Further, the employee should intimate the same to the Jurisdictional A.O. who may take appropriate action for same and if found employer guilty then carry out other further proceedings including levy of penalty.
(As per Gujrat high court decision on 30/11/2021 in case of Kartik Vijaysinh Sonavane v. DCIT - [2021] , it was held that TDS benefit would be given to employee even in case TDS has not been deposited by employer)
Need a CA to bail you out of this situation? Connect Now.


I want to claim a deduction under Chapter VI / other exemptions/allowances in my income tax return which is not in my Form 16? Can I do it?

In a case where your employer issues you a Form 16 without any deductions, you can still claim the deduction on your income tax return. Form 16 is just a certificate issued by your employer which certifies deduction of tax (TDS) on your salary. It’s just a base document for return filing and not the final return itself. You can always take the benefit of the deductions you are eligible for while filing your income tax return even if the same is not mentioned in your Form 16.
Our experts say “Always remember to check whether the House Rent Allowance exemption has been taken in Form 16 or not (if you’re entitled to it). It is usually either not reflected or calculated at a wrong value especially in the case of multiple employers during the year. In such an event, you yourself can calculate it and take the exemption of same while filing your income tax return.” However, while claiming any such deduction which is at variance in value w.r.t. form 16 , income tax site will show a message which can be seen in the image shown below:-

Trouble filing your income tax return? Just click here!


Salary arrears received but not shown in From 16, what to do?

If you have received arrears of salary, but the arrears are not shown in Form 16, then also you can show your arrears in the income tax return. All you required is all the details of salary in arrears and Form 10E which is required to claim relief on arrears of salary under section 89(1).


How do I upload Form 16 and file my return?

You can upload income tax form 16 and e-file your return with Tax2win by following some simple steps:

  • Upload Form 16: Visit our e-filing portal, select your sources of income & upload form 16.
  • Review: Our advanced software automatically picks up the required information & fill in your details by itself. Simply review the information.
  • File ITR: As soon as you give your confirmation, our system files your income tax return online.

My Form 16 is incorrect, what should I do?

In case, where a Form 16 is duly issued but with a mistake, then the same can be rectified by your employer on your request. Subsequently, a revised Form 16 will be issued to you by your employer.


Is Form 26AS different from Form 16?

Form 26AS Form 16
Contains details of tax deducted at source (TDS) for all the heads of income. Contains details of tax deducted at source (TDS) for the income from salary only. The details of other heads of income can also be provided in your Form16, in case you have provided the details of other income to your employer.
Provided on the Department’s site based on data submitted by all the Deductors. Issued by your employer to you.

Is Income Tax Return and Form 16 the same?

No, a Form 16 is not equivalent to an Income Tax Return but it’s the source document for your salary income. It is really helpful, especially in case your entire income is from salaries and there is no other source of income. Further, you don’t need to attach your Form 16 with your income tax return.


I switched my job during the year, how should I file my return now?

In case, you had two employers for the year, you will get Form 16 from both the employers for the respective months served by you. The income tax return will be filed by combining the details of both the Form 16s. But you must be careful in doing so because it might happen that both your former and present employer has calculated your tax after taking into consideration the basic exemption limit. In such a case, you are not entitled to take the benefit of the exemption limit twice, but only once.
The same applies to all deductions and allowances during the year, as any deduction/allowance can be claimed only once or as per the respective rules of the income tax law even if it is reflected in both the Form 16’s.
For example, in the year 2021-22, you worked with a company X Pvt. Ltd. for a period of 6 months for a salary of Rs. 45,000 per month and for the rest 6 months you joined Y Ltd. for Rs. 50,000 per month. In such a case, you draw a salary of Rs. 2,70,000 from X Pvt. Ltd. and Rs. 3,00,000 from Y Ltd. Now, both the companies X Pvt. Ltd. and Y Ltd. will deduct your tax after consideration of the basic exemption limit (i.e. Rs. 2,50,000/-) only and your Form 16 will be based on the same.
This means X Pvt. Ltd. will charge tax on the balance of Rs 20,000 and Y Ltd. will charge tax on Rs. 50,000, each giving you an exemption of Rs. 2,50,000. But, at the time of filing your final return for the year, you will be allowed the basic exemption only once and not twice i.e., your tax should be charged on Rs. 3,30,000. (Rs. 300000 + 270000 – 250000).
Further, when you switch jobs in a year, then you should furnish your previous employer’s TDS details to your new employer in Form 12B.


Is Form 16 different from Form 60?

Form 60 is a declaration made by individuals who do not have PAN whereas Form 16 means an income certificate issued by the employer to an employee.


Is form 16B part B of Form 16?

Form 16B is a certificate of tax deducted on sale of the property whereas part b of income tax form 16 consists of all the details of salary breakup, deduction and taxes paid by an employer on behalf of employees.

Frequently Asked Questions



Q- Will I get Form 16 from my employer even if there is no TDS?

Form 16 is a TDS certificate & it is issued only when there is tax deducted. Therefore, if there is no tax deducted, the employer is not required to issue Form 16 to you. The purpose of form 16 is to serve as proof of tax deducted & deposited on your behalf. However, many employers especially corporates issues form 16 irrespective of the fact whether tds has been deducted or not


Q- How do I upload Form 16 & file my ITR online with Tax2win?

  1. Upload Form 16: Visit our e-filing portal, select your sources of income & upload form 16.
  2. Review: Our advanced software automatically picks up the required information & fill in your details by itself. Simply review the information.
  3. File ITR: As soon as you give your confirmation, our system files your income tax return online.

Q- When Form 16 is required? What is the importance of Form 16?

Form 16 is required when you are filing your income tax return. This form serves as proof that your employer has deducted & deposited tax from your salary with the income tax department in your name.


Q- What is Form 16 issue date?

All the employers, if they deduct TDS, are required to issue Form 16 by 15th June of the financial year.


Q- What is Income from salary? How it is related to my Form 16?

Any amount received from your employer during the employment period is called Salary. Usually, it comprises of basic salary, allowances, bonus, pension, wages or any other benefit given in relation to your employment.

When an employer deducts tax from your salary, he issues Form 16 to you. This form is an acknowledgement from your employer that he has deducted tax from your salary.


Q- I receive pension income. Is it taxable as salary income & will I receive Form 16?

Yes, pension income is taxable under the head “Income from Salary”. If it exceeds the basic exemption limit then provisions of TDS shall become applicable & Form 16 is required to be issued by your employer. Further, pension received from United Nations Organisation & by kind of Armed Forces is exempt. For a detailed explanation of the taxability of pension.


Q-I receive family pension income. Is it taxable as salary income & will I receive Form 16?

No, family pension is not taxable under the head “Income from Salary” because it comes within the ambit of “Income from Other Sources”. Therefore, Form 16 is not required to be issued in such cases.


Q- I have received arrears and/or advance salary income. Will my employer consider relief u/s 89 to calculate TDS on salary?

Yes, your employer is required to consider Sec 89 of the Income Tax Act for calculation purposes, in case you receive any arrears or advance salary income.


Q- How do I file my ITR online through Tax2Win?

At tax2win, for filing an online income tax return you can choose amongst the two available options as per your convenience. If you wish to opt for eCA then you just have to answer a few simple questions & accordingly we will recommend the best suitable plan for you. Pay online for your plan & our eCA will get in touch with you. Share all your tax problems, upload relevant documents & let your personal eCA do the hard work for you.


Q- I filed my ITR online. What should I do next?

You need to verify your ITR within 30 days of filing it so that the Income Tax Department can process it further. It is very important to note, if you do not verify your ITR it shall not be considered as filed.


Q- What is the difference between Form 16 & 16A?

Both Form 16 & 16A are TDS certificates. While Form 16 is a representation of tax deducted for salaried employees, Form 16A represents tax deducted on income other than salary.


Q- I want to know more about Form 16 structure in detail & how to read form 16?

You can visit our glossary page on Form no. 16. Here, you can see the full structure of Form 16 & see all the components of it.


Q- What is Form 16 MCGM?

Form 16 issued by the Municipal Corporation of Greater Mumbai (MCGM) is known as Form16 MCGM. To download Form 16 MCGM, all you need to do is:

  • Visit MCGM site http://form16.mcgm.gov.in/
  • Provide employee code in the column
  • Select F.Y. for which you need Form 16
  • Download Form 16

Q- What is the income tax slab rate for A.Y. 2022-23 for individuals?

Income tax slab rate for A.Y. 2022-23 for individuals is:

Income of the assessee Rate of Tax under Existing Regime for FY 2021-22  New Regime Slab Rates for FY 2021-22 
Individuals with age less than 60 years or HUF Individuals with age 60 years or more but less than 80 years Individuals with age 80 years or more Applicable for All Individuals or HUF
Rs 0.0 to Rs 2.5 Lakhs NIL NIL NIL NIL
Rs 2,50,001 to Rs 3.00 Lakhs 5% (tax rebate u/s 87a is available) NIL NIL 5% (tax rebate u/s 87a is available)
Rs. 3,00,001 to Rs 5.00 Lakhs 5% (tax rebate u/s 87a is available) NIL
Rs. 5,00,001 to Rs 7.5 Lakhs 20% 20% 20% 10%
Rs 7,50,001 to Rs 10.00 Lakhs 20% 20% 20% 15%
Rs 10,00,001 to Rs. 12.50 Lakhs 30% 30% 30% 20%
Rs. 12,50,001 to Rs. 15.00 Lakhs 30% 30% 30% 25%
Exceeding Rs. 15 Lakhs 30% 30% 30% 30%

Q- What should I check in Form 16 while filing Income tax return?

An employee should verify the following details before filing the income tax return:

  • Check whether Form 16 contains the right PAN, because failing to do so will lead to no tax credit in your account as it will not show in your Form 26AS.
  • Form 16 Part A consists of the consolidated details of all the taxes paid by the employer on behalf of the employee and the employee should cross-verify it with Form 26AS.
  • An employee should verify all the deduction and allowance details as per proof submitted by him with the details in Form 16 Part B.

Q- How can I get form 16 of the last two years?

Form 16 is issued by the employer to the employee therefore, an employee can get Form 16 from the employer of any year.


Q- How is a background verification done by a form 16?

Form 16 helps companies to verify new package, incentive, bonuses. It helps in verifying previous employer details and tenure of working with the previous employer.


Q- How can I get a Form 16, as I am a pension holder?

pension holders can get their form 16 from the respective bank. Because they are responsible for deducting TDS on the income amount.


Q- How much time does it take to rectify incorrect PAN in Form 16?

It will get 10 to 15 days for correction form 16 from the site.


Q- Do I get Form 16 even if I am not liable to pay a tax?

Yes, you are still liable for form 16 if TDS is deducted or not.


Q- I missed taking a copy of my Form 16 from my previous employer. Is it possible to recover the same from a tax website?

No, Form 16 can only be given by the employer


Q- Is form 16 the same as income tax acknowledgement?

Form 16 and ITR acknowledgement are different things. ITR acknowledgement is a document that your return is successfully submitted with the department and form 16 is issued by the employer to employee


Q- I don't have Form-16 and Income Tax isn't deducted from my payslip. How can I file tax returns?

Form 16 is not necessary for filing income tax returns. for filing an income tax return you only need income details.

CA Abhishek Soni
CA Abhishek Soni

Abhishek Soni is a Chartered Accountant by profession & entrepreneur by passion. He is the co-founder & CEO of Tax2Win.in. Tax2win is amongst the top 25 emerging startups of Asia and authorized ERI by the Income Tax Department. In the past, he worked in EY and comes with wide industry experience from telecom, retail to manufacturing to entertainment where he has handled various national and international assignments.

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