Fact-check notes
Last fact-checked: 2026-05-30
Tax caution: AY 2026-27 covers FY 2025-26 and continues under the Income-tax Act, 1961. New Act, new section and new form references should be verified against official utilities before filing.
Use this page as preparation guidance. A professional should verify the active law year, notification, portal utility and source records before filing or taking a tax position.
What this covers
If Form 16 is delayed or unavailable, a salaried taxpayer can still prepare an ITR from salary slips, bank credits, AIS/Form 26AS and deduction evidence.
- Form 16 is convenient but not the only source for salary computation.
- Salary, allowances, perquisites and TDS must be reconstructed carefully.
- AIS/Form 26AS helps verify TDS credit.
- Employer corrections may still be needed if TDS data is wrong.
Who this is for
- Employer delayed Form 16.
- Employee changed jobs.
- Company closed or HR unreachable.
- Taxpayer filing before deadline with available records.
Documents and data to verify
- Monthly payslips.
- Bank salary credits.
- AIS/Form 26AS.
- Investment, HRA, rent and deduction proofs.
Common mistakes to avoid
- Using net salary as taxable salary.
- Ignoring perquisites or allowances.
- Claiming TDS not visible in Form 26AS without follow-up.
- Missing second employer income.
How to proceed
- Confirm the applicable financial year, assessment year, taxpayer type, state and portal status before acting.
- Reconcile portal data with books, AIS/Form 26AS, GST returns, contracts, invoices, bank statements and source documents.
- Prepare a written computation, checklist, filing note or response with assumptions clearly stated.
- Download acknowledgements, challans, workings and evidence after filing or submission.
FAQs
Can WorkIndex help with this?
Yes. Post the facts and documents; relevant experts can quote for filing, advisory, reconciliation, registration, appeal support or ongoing compliance.
Is this page final legal advice?
No. Use it to prepare. A professional should verify the active law year, notification, portal utility and records before filing or taking a tax position.
What should I mention while posting?
Mention the year, state, form, deadline, amount involved, documents available, portal status and whether you need filing, correction, advisory or representation.
Frequently Asked Questions
1. How should salary components, allowances, and EPF be structured for employees working in File ITR When Form 16 Is Not Available?
Salary structures for File ITR When Form 16 Is Not Available should optimize Basic, HRA, and allowances to reduce tax liability. Employee EPF contributions are mandatory at 12% of basic pay if the company has 20 or more employees.
2. What are the tax deductions and rules for retirement benefits in the context of File ITR When Form 16 Is Not Available?
Employees in File ITR When Form 16 Is Not Available can claim HRA exemption under the Old Regime, while standard deduction (₹75,000 under the New Regime) and tax-free gratuity up to ₹20 lakh apply under rules.
3. Is HRA exemption available under the New Tax Regime?
No. Under the default New Tax Regime, all major deductions and exemptions—including HRA, LTA, and Section 80C deductions—are abolished. Salaried employees can only claim the standard deduction (₹75,000) and NPS employer contribution u/s 80CCD(2).
4. What is the standard deduction for salaried employees for FY 2025-26?
For FY 2025-26, the standard deduction is ₹75,000 under the default New Tax Regime, and ₹50,000 under the Old Tax Regime. This deduction is automatically subtracted from your gross salary income in your ITR.
5. How does EPF contribution affect my salary slip and taxes?
The employee contributes 12% of basic salary + DA to the EPF, which is deductible under Section 80C (Old Regime only). The employer matches this 12% contribution. Under Section 80CCD(2), the employer's share is exempt up to ₹7.5 lakh aggregate.
6. At what point does EPF interest become taxable?
If an employee's contribution to the EPF exceeds ₹2.5 lakh in a financial year (or ₹5 lakh if there is no employer contribution), the interest earned on the excess contribution is taxable as 'Income from Other Sources'.
7. What is Professional Tax (PT) and how is it deducted?
Professional Tax is a state-level tax levied on salaried employees, capped at a maximum of ₹2,50,0 per annum. It is deducted from your gross salary monthly and is fully deductible under Section 16(iii) under the Old Tax Regime.
8. What is a perquisite under Section 17(2)?
Perquisites are non-cash benefits provided by an employer to an employee, such as rent-free accommodation, corporate cars, club memberships, or concessional loans. The valuation of perquisites is added to your taxable salary, and the employer deducts TDS on it.
9. How is gratuity calculated and is it tax-free?
Gratuity is paid after 5 years of continuous service. It is calculated as `(15 * Last Drawn Basic Salary * Years of Service) / 26` for employees covered under the Payment of Gratuity Act. It is tax-free up to a lifetime limit of ₹20 lakh.
10. What is Form 12BB and why is it important?
Form 12BB is a mandatory declaration form submitted by employees to their HR at the end of the financial year. It details all tax-saving investments (80C, 80D, home loan interest, rent receipts) along with physical proofs, allowing the HR to calculate and deduct the correct TDS.
11. What happens if I change jobs mid-year and do not submit Form 12B?
If you change jobs and do not declare your previous salary details to your new employer in Form 12B, both employers will apply basic exemptions and standard deductions. This leads to double-benefit claims and results in a large tax liability plus interest when you file your ITR.
12. How is Leave Travel Allowance (LTA) exempt from tax?
LTA covers travel tickets for yourself and your family within India. It can be claimed tax-free twice in a block of 4 calendar years under Section 10(5) (Old Regime only). The exemption is restricted to the actual travel cost, not hotel or food expenses.
13. What is the difference between Form 16 Part A and Part B?
Part A is generated from the income tax portal and contains quarterly TDS summaries deposited under your PAN. Part B is issued by your employer and contains a detailed calculation of your gross salary, exempted allowances, deductions under Chapter VI-A, and net tax payable.
14. Why is my monthly TDS in salary slip different from month to month?
TDS is calculated by projecting your annual taxable income and dividing the estimated tax by the remaining months in the year. If you declare investments late or receive a variable bonus, your projected income changes, causing the monthly TDS to be adjusted.
15. Can I claim deductions if my employer has already deducted TDS based on full salary?
Yes. If you missed submitting investment proofs to your HR on time, you can still claim deductions like Section 80C, 80D, and HRA directly when filing your ITR, and claim a refund for the excess TDS deducted by your employer.