This is the common demand regarding issuing of Form-16 by Employer to Employee, even if Employer not deduct any Tax from drawn salary. What shall happen when Employee want's Form-16 for the same. In such situation Employer not liable to issue Form-16 to Employee. Form 16 is a certificate of TDS and in your case it will not apply. However your employer must issue a salary statement. TDS Certificate (Form-16) is not applicable to such employee whose tax (any amount) not deducted during current Financial Year. If the Employee deduct any amount of Tax during Financial Year, Form-16 will be issued to Employee u/s. 203 of Income Tax Act.
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