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HC issues directions to the Department of Revenue to penalise the defaulters for not issuing Form 16 to their employees – HC Bombay

The Bombay High Court in its judgement took serious concern over the defaulter employers who does not any concern for issuing Form 16 where the employees are facing serious consequences and are preceded against for breaching and violating legal provisions.

Facts of the Case: 

  1. One of the salaried employees requested to file a comprehensive affidavit stating that the company is least bothered about issuing Form 16 to the employees whi in turn are facing serious consequences for breaching and violating legal provisions.

Held: 

The High Court strictly stated the following “We want the Ministry of Finance, Department of Revenue also to be made aware of these serious lapses in Mumbai and around. We have noticed that there is no transparency, in the sense, no information is ever displayed in relation to such defaulters by the Department. We expect the Department to provide information of such defaulters so that those seeking employment or awaiting either retiral benefits or such other sums from the employers would know in advance as to how they are expected to comply with law.”

To download, Ramprakash Biswanath Shroff (HC Bombay WP no. 2537 of 2018)

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