How to File ITR without Form 16

ITR Filing Without Form 16

Overview

The ITR or Income-Tax Return is a crucial document under the Income-Tax Act 1961 which helps a person to gauge their assets and liabilities, prepare a report detailing their incomes, investments, and losses, and submit their taxes to the Tax Authorities. Under the Income-Tax Act, it is mandatory to file an ITR within the due date when the annual net income exceeds the basic threshold limit and any failure may result in legal consequences. For salaried individuals, it further becomes essential to file ITR with Form 16. But that doesn’t mean it is not possible without it right? Read further to know more-

Firstly, but what is Form 16?

Under section 203 of the Income-Tax Act 1961, Form 16 is a certificate issued by the organization to its personnel who are applicable for TDS deduction during a financial year. The certificate contains all the information such as the amount of compensation, total tax liability, applicable deductions and allowances the amount of TDS applicable, and the period for which taxes applicable, etc. among other required information are all included in the certificate. This acts as proof of the TDS submitted by the employer organization on the employee’s behalf. Further, it also enables the assessment of employee’s overall tax liability and filing of ITR. Employer organization must fulfill their responsibility to provide a certificate of Form 16 before the deadline for the FY 2023–24 (AY 2024–25) will be 15th June this year. Any failure on the part of the employer organization shall attract a penalty minimum of up to Rs. One hundred every day till the default continues or more, at the Assessing Officer's discretion.

What are the cases when the employer does not issue Form 16?

  1. Where there was no TDS held for submission from the employee's salary during the financial year.
  2. If the organization was closed due to financial issues.
  3. If the employee left the job before the time specified in the contract or changed jobs without finishing the necessary paperwork.

What are the documents required for ITR filling when there is no Form 16?

  • Pay slips
  • Statements from banks
  • Bank-issued TDS certificate
  • Documentation for Allowances
  • Form 26AS (downloaded from the online portal Income Tax Department)
  • Investment proofs for Deduction purposes
  • Annual Information Statement
  • Taxpayer Information Statement

How to file ITR without form 16?

Determine income from salary

Initially, it is imperative that the employee computes their paid income. To accomplish this, they can obtain salary proof from their employer organization which will have a detailed breakdown of his/her salary income comprising details such as gross income, the amount of prerequisites, professional tax, exemptions excluded from Section 10 tax, and all allowances.

Compare TDS Deducted with Form 26AS under the Income Tax Portal

In order to ensure there are no inconsistencies, the employee shall double-check the sum of the TDS deduction against the form 26AS under the Income-Tax Act 1961. Form 26AS offers information regarding the amount of taxes withheld (TDS) from all sources of income, including salary.

Determine Income from House Property

Next, if the employee has any rental income by letting his house property for which he/she will be eligible to receive a deduction provided certain conditions are met such as a loan taken for construction of the house property or payment of interest, etc.

Assess Income from Other Sources and Capital Gains

Now, if the employee holds securities such as equity shares or mutual fund units and sells them after more than one year where the returns exceed Rs.1 L, then such income shall be income from capital gain or if the concerned individual holds income from other sources such as interest on bank savings, then such income shall be included under the Income from other sources.

Claim the deductions available

After calculating income from all five heads, then the employee shall look out for deductions under sections 80C, 80D, and 80G with a certain limit that allows them to deduct expenses.

Assess the total tax liability and File ITR

Finally, after calculating the ultimate taxable income, the employee shall subtract all the allowable deductions from their total income post which ITR could be filed by the employee without Form 16.

Conclusion

Therefore, Having Form 16 makes things easier, lowers the possibility of mistakes, and guarantees a hassle-free tax filing experience. However, it is not impossible to file ITR without form 16 with certain knowledge and practicing caution. It is important to note that holding the right documentation along with timely communication could be the easiest way to navigate ITR filling without Form 16 for any employee.

About the Author

CA Nayani Agarwal linkedin

All India Rank - 24

Nayani Agarwal is a Chartered Accounting who scored All India rank - 24 & 22 in CA final and CA intermediate respectively. She also scored an India rank - 21 in the Company Secretary foundation. She has overall 10 plus experience in banking and financial services. Her areas of expertise is startup consultancy, ESOP, Income Tax, GST, corporate Compliances & import expeort consultancy.