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Filing ITR Without Form 16: A Comprehensive Guide

Updated: Jun 7


Filing ITR Without Form 16

For those people whose income is over the taxable threshold established by the tax authorities, filing an income tax return is required. By filing an income tax return, people can find out how much money they made overall in a given fiscal year and, if any, calculate how much money they owe in taxes. People give the tax authorities a detailed account of their income sources, deductions, exemptions, and tax payments by completing a tax return. One of the crucial forms needed to file an income tax return as a salaried employee is Form 16. A person can still file an ITR without Form 16 if they do not have it, they can still file an ITR. In this guide, we will explain how this can be done.

 

Table of Contents

 

What is Form 16?

Form 16 is a certificate that companies provide to salaried workers under section 203 of the Income Tax Act of 1961. It includes information on the employee's pay as well as the amount of tax deducted at source (TDS) and deposited by the employer with the government. Form 16 is evidence that an employee's employer has withheld tax deducted at source (TDS) from their pay. It assists workers in determining their tax obligations and submitting their income tax returns (ITR). For those who are salaried, it is an essential document that includes vital information regarding their income from salary, their tax deductions, and the taxes they paid in a given financial year. 


Who Issues Form 16?

By a certain date, employers must provide Form 16 to their staff members. In accordance with the Income Tax Act, employers must provide their workers with a certificate in the form of a Form 16. This certificate includes the employer's tax deducted at source (TDS), the total tax paid to the Central Government, the tax payment quarter, and other required information. There are penalties for non-compliance if an employer does not give Form 16 to their workers after deducting TDS. If this shortcoming is not corrected, the employee will be fined at least Rs 100 every day until the form is given to them. The Assessing Officer may decide to change the penalty amount. Form 16 must be issued by June 15, 2024, for the financial year 2023–2024 (AY 2024–25). 


When is Form 16 Not Issued by An Employer?

Form 16 is not issued by an employer in the following cases:

  • The employer may or may not provide a Form 16 if there was no TDS withheld from your pay for the fiscal year.

  • Employer's closure of the firm due to financial difficulty.

  • Termination from a job before the time indicated in the bond or job change without completing the exit formalities.

Every employer who deducts TDS is required to submit Form 16. The certificate serves as proof that the government has received the TDS that was deducted. Nonetheless, the employer will be penalised ₹100 for each day that the default persists if they deduct TDS but neglect to submit Form 16.


Documents Required to File ITR Without Form 16

  • Salary slips

  • Proof for HRA, LTA, etc.

  • Bank Statements

  • TDS Certificate from bank

  • Taxpayers’ Information Statement (TIS)

  • Annual Information Statement (AIS)

  • Proof of investments for deductions under Section 80C, 80D, etc.

  • Form 26AS (can be viewed/downloaded from the IT Department’s online portal)


Steps to File ITR Without Form 16

Step 1: Collect your Pay Slip

All of the information about your taxable income is on Form 16. A pay stub that you get from your company can be used to obtain the same information. Therefore, the breakdown of your salary and specifics of your taxable income can be obtained from your periodic pay slip, just in case your Form 16 is unavailable. 


Step 2: Utilise 26AS 

You can find out what TDS was withheld from all of your income—including your salary income—during a given year by completing Form 26AS. Examining your 26AS thoroughly will benefit you in two ways:

  • It will show the amount of TDS withheld from your pay income.

  • If you received money from other sources during the year, TDS withheld from that income as well. When filing an ITR, you can be aware of it and disclose it.


Step 3: Calculate your Deductions

You may have made certain investments and expenses that will lower your overall taxable income. These outflows include cash for contributions, rent, and other expenses that qualify for section 80C deductions (LIC, PPF, etc.). When completing your ITR, figure out all of these deductions and take advantage of the opportunity to reduce your taxes. 


Step 4: Determine Income from Other Sources 

Make an effort to list every source of income you have had this year. This could be any type of income that you have not earned from your employer, such as rental income, money from selling shares or mutual funds, or income from selling an asset. Add up all of these incomes and their amounts so that you may properly disclose them when submitting your income return. It may also have an impact on the ITR form you choose.


Step 5: Know your taxes payable

Following the determination of the revenue sources, claimed deductions, and TDS previously deducted, the final income computation will produce two outcomes. 

  • If you have paid excess taxes, you can get a refund by filing an ITR.

  • If there is still tax owed, you must pay it before filing an ITR. 


Step 6: Select the relevant ITR Form

Choosing the ITR form is one of the most important decisions. It mostly depends on your revenue sources and earnings. It is possible to invalidate a filed return by providing accurate information on the incorrect form.


Step 7: File and Submit ITR

The final stage entails getting your return ready and sending it to the Income Tax Department. Additionally, remember to e-verify it no later than 120 days after filing. All of your salary breakdowns, PPF contributions, and other information are listed on Form 16. Furthermore, it is simple to determine the final tax liability and the amount that the employer deducted as TDS. Form 16 is typically provided to all employees on time; but, in certain cases, its unavailability can be addressed by following the procedures listed above.


Conclusion

Filing a return without a Form 16 is doable, but doing so will take more work and attention to detail. Form 16 makes filing taxes much easier, lowers the possibility of mistakes, and guarantees a seamless experience. As such, get your Form 16 as soon as possible. Get in touch with your employer right away if you run across problems. To ensure a stress-free tax filing process and to navigate any Form 16-related problems, keep in mind that prompt communication and appropriate documents are essential.


FAQ

Q1. Is Form 16 mandatory to file ITR as a salaried person?

To file their yearly ITR, salaried employees must have Form 16. Salaried workers, however, are still able to file their taxes without a Form 16.


Q2. Does a company pay tax for its employees?

Each month, your company takes a percentage of your pay and submits it on your behalf to the income tax department. How much TDS has to be taken from your pay each month is decided by your employer based on your annual salary as well as the investments you make in tax-saving goods.


Q3. Can I download Form 16 online?

Form 16 cannot be obtained by an employee directly from the Income Tax Department online. On the other hand, the Income Tax Department or your employer may provide you with a copy of Form 16. Via the TRACES portal or the Income Tax Department, your employer can download the form.


Q4. Can I file my ITR without Form 16?

Yes, even without a Form 16, you are still able to file your ITR. There are other documents needed to file your tax return besides Form 16. To file your ITR, you can compute your taxable income and compile additional income-related papers such as FORM 26AS, AIS, and TIS.


Q5. What documents do I require to file my ITR without Form 16?

You can still complete your ITR by gathering other relevant documentation, such as pay stubs, bank statements, rent receipts, interest certificates, and information about additional income sources, deductions, and exemptions, even though Form 16 offers a combined view of your wage income and tax deductions. To file an ITR, additional documents such as FORM 26AS, AIS, and TIS are needed.


Q6. How can I compute my taxable income if I do not have Form 16?

All of your income sources—including pay, interest income, rental income, capital gains, and any other applicable sources—must be taken into account to determine your taxable income. To determine your taxable income, subtract all allowable deductions and exemptions under the Income Tax Act.


Q7. How do I declare TDS in the absence of Form 16?

You can obtain the TDS details in your Form 26AS if your employer has deducted TDS but hasn't given Form 16. An annual consolidated statement known as Form 26AS includes all tax-related data, including TDS withheld by your employer. Form 26AS is available via the TRACES website or the income tax e-filing portal.


Q8. Can I claim deductions and exemptions without having Form 16?

Yes, even without a Form 16, you are still able to claim deductions and exemptions depending on your investments and authorised costs. To bolster your claims, keep track of your investment proofs, rent receipts, medical bills, and other pertinent documentation. 


Q9. Which ITR form should I use if I don't have Form 16?

Your appropriate ITR form will rely on a number of factors, including your sources of income. Subject to additional income sources, people having salary income but without Form 16 can often use ITR-1 (Sahaj) or ITR-2 forms. 


Q10. What if my employer didn't provide Form 16?

Form 16 must be provided by your employer if TDS was withheld from your paycheck. If your employer issues Form 16 by June 15 of the next fiscal year, you can request that they do so. If your employer deducts TDS but neglects to give you a Form 16, they will be required to pay a minimum penalty of Rs 100 for each day that the default persists. You can write to the Assessing Officer about your employer's failure, and the officer may take necessary measures against the employer, such as imposing the previously specified penalty and initiating additional legal action.


Q11. What is Form 26AS? 

The information about TDS deducted by your employer would be on your Form 26AS. You can check your TDS details there; if they are missing, it indicates that your employer withheld TDS from you but did not deposit it with the government. In this situation, you could have to personally pay taxes on your income to the government and then file a claim with your company.


Q12. If no Form 16 has been issued to me, do I not have to pay tax or file a return?

You must compute and pay taxes on your income and file income tax returns, even though the employer is responsible for withholding tax from salaries and producing a TDS certificate in relation to TDS. You must pay taxes if your total income, including salaries, exceeds the basic tax exemption threshold. Whether your employer deducted taxes from you or not, or even if he failed to give you a Form 16, you still have to figure out your taxes and file your returns.




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