Got Incorrect form 16 and PF transfer request is pending
9 months ago
Hi, I have two queries
1. I have received incorrect form 16 from my employer, and even after multiple followup they are not responding on the same. ITR filing deadline is near and I am not sure how to raise a complain against this.
2. It's been more than a year I left organisation but, still my PF transfer request is not yet approved by the employer. Every now and then they are coming with some or the other correction needed and delaying the process. I am tired of following up again and again on this. They simply open the ticket and close it without any proper resolution. I really want to take an action against employer but unaware of how.
If anyone can guide and help me through detail steps it would be really helpful.
Regarding question No. 1, we would like to let you know that once Form 16 has been reported to the CBDT in a quarterly return, it cannot be corrected by the employer. As a result, you must submit an online application to the CBDT for the necessary correction, or if that is not possible, to the IT Assessing Ward, failing which you must file an ITR. Regarding your question No. 2, given the circumstances, you must file a grievance with your former employer and notify the regional PF commissioner with it. File an appeal pursuant to Rule 4 of the EPF Appellate Tribunal(Procedure) Rules, 1997, before the Registrar of the Tribunal established under subsection (1) of Section 7D of the EPF & Misc.
As regards your query No.1, it is to in inform you that the correction in Form 16 is not possible in the hand o the employer once it is reported to CBDT in the quarterly return, so you need to file an application online to the CBDT for necessary correction or the IT Assessing Ward failing which through the filing of ITR. As regards your query No.2, in the prevailing situation, you need to make a grievance before the ex-employer and and informed the same to the Regional PF Commissioner. In case your grievance is not resolved file an Appeal under Rule 4 of EPF Appellate Tribunal(Procedure) Rules, 1997 before the Registrar of the Tribunal established under sub-section (1) of Sec.7D of the EPF & Misc. Provision Act, 1952 after consultation with an Advocate who handles such kinds of appeals before the PF Appellate Tribunal.
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