| Address: Kolkata, West Bengal |
To,
Income Tax Officer
Income Tax ward/circle 15(3), Bamboo Villa
169, Acharya Jagadish Chandra Road, Kolkata – 700014
Subject : Recently I came to know that “Form16” which I have received from my Company Carfax Investments Private Limited situated at 9/1, Middleton Street, Kolkata –700071 since 01st April 2009 and same was deposited to your Income Tax department along with my I.T. Return. This “Form16” is incorrect/wrong.
Dear Sir/Madam,
FACT ON RECORD
I have received “Form 16” (which is incomplete) from my Company Carfax Investments Private Limited at 9/1, Middleton Street, Kolkata – 700071 since 01st April 2009 onwards and same was deposited to your Income Tax department along with my I.T. Return. In the form16 EPF deduction column is blank, that column is to be filled up by company before handover to me, and it is mandatory(My company said this form16 is correct). I like to know the real fact.
I like to inform you that I am facing a lot of problems over the issue of FORM16. Since long I am “Fighting for the right”.
I am Shyamal Kumar Sarkar, my PAN No.CJSPS7027Q
I am an Ex-Serviceman from Indian Air Force and now I am working in Carfax Investments Private Limited as a “Office Assistant” at 9/1, Middleton Street, Kolkata – 700071 a sister concern of City Centre Properties Private Limited.
Last 4 to 5 years I am trying for my house loan from nationalized bank(SBI & UBI). I could not able to get it because of my Company did not fulfilled my right which I am supposed to get from my company as per Income Tax law.
Since 01st April 2009(F. Year[protected] I am getting “Form16” from my Company and that was deposited to Income Tax department under section 15(3) along with my I.T. Return.
As per my knowledge/I.T. rule, whoever get Form16 he should be on the Company’s payroll and must get all the facilities. Unfortunately I never get the payments/facilities etc. as per Company’s rule where others recipients of Form16 are enjoying, it is totally illegal. At the same time Professional Tax also not being cut from my payments by the Company for deposit to the Government office. Since then I am losing a lot of money per month and my future also not secure, which I have explained to my company in my letter on 03rd August 2013. I have repeatedly requested to my company by letter/verbally for my above demand, but I have not received any positive response from other side.
1) Please note that as per my Company’s agreement is ‘Contract’ basis and my salary is ‘consolidated salary’(now I feel this is a controversial agreement, at present situation there was no option rather I accept it).It is also written in my agreement that if “Any dispute arising from or out of this contract shall be referred to Arbitration by a single Arbitrator. The Arbitration proceeding shall be governed by the Arbitration and Conciliation Act 1996 with its amendments as the case may be. The Arbitrator shall be appointed by us. The site of Arbitration shall be Kolkata.”
I like to inform you that a contract person cannot get “FORM 16” in any case, only salaried person can get it, whose basic minimum salary is at least Rs.6, 500/- per month. Who is on Company’s payroll. My question is that the above facts supports my claim and nobody can points out that I am a contract person ! Is this not a injustice to me ?
I think, I am the only employee in West Bengal(maybe)who is getting “Form16” but not eligible for EPF and other benefits from the Company.
Controversial points:
As per the agreement I have received every month’s Basic salary only, no DA is given to me. Other allowances like HRA, Medical, LTA etc. extra I have received as per date mentioned in the agreement (which was revised time to time) by cash as a token of love without sign any voucher.
In this connection please note :
a) Consolidated Salary and Gross salary are the same.
b) Gross Salary is with all allowance like Dearness Allowance, HRA, Vehicle allowance etc.
I have submitted my income tax return along with Form16 of Carfax Investments Private Limited since 01.04.2009 onwards and other documents(my defense pension documents etc.) in time. Unfortunately Income Tax department also did not ask me to amend “incomplete Form16”.
I went to Nationalized Bank(SBI&UBI)for my house loan.They checked my I.T. Return and said it is incorrect because in the “Form16 EPF deduction” column is not filled up which is mandatory. They also asked me weather my company is cutting Professional Tax on my payments or not.
SBI asked me to go to Income Tax department and rectify I.T. Return/FORM16 before apply for house loan.
I met Income Tax Officer u/s section 15(3), at that time I explained my problem also. They have agreed that, the Bank’s statement is right. They ask me to “lodge a complaint” then only they can solve this problem otherwise I can go to RTI Office for proper information. I was disagree with them, because I have faith on my company. Now I feel that my decision was wrong !
In this situation Income Tax department advice me to approach/request my company for rectification.
But my company neither listen nor accept my request.
What is Form 16?
It is a certificate issued to you by your employer stating the details of the salary you have earnedand the tax deducted on your behalf and paid to the government.
If you are an employee of the company (which means you are on the company's payroll), you should receive your Form 16 by April 30 every year
The government encourages……………………&helli...⇄
How strange ! last four years I have submitted the same, no question was arise so far.
I do not know what to do now. My question is that if Form16 is not correct then how can I rectify it ? Let me know whether EPF reflectionis mandatory in the ‘FORM 16’ or not ?
If my purpose is not fulfilled then why I should file the Income Tax Return to Government of India ?
In support of my claim I like to attached some comments/information along with this letter for your kind decision.
Thanking you,
Yours faithfully
Date : 10 January 2014 Shyamal Kumar Sarkar
211 D.H. Road, Padmapukur Road
PS: Thakurpukur, Kolkata-700063
Mob: [protected]
Email: [protected]@gmail.com
