Form 16 – Erroneous reference to Form 12BB

For tax deducted on salaries , the employer has to issue Form 16 to the employees. The form was modified vide Notification 41/2010 dated 31.05.2010

In this form there is a reference to Form 12BB

Gross Salary Rs.

(a) Salary as per provisions contained in sec.17(1) Rs.

(b) Value of perquisites u/s 17(2) (as per Form No.12BB, wherever applicable) Rs.

(c) Profits in lieu of salary under section 17(3) (as per Form No.12BB ,wherever applicable

However there is no Form 12BB notified. It certainly is a typo error and it should read Form 12BA

Reference may also be made to Circular 8/2010 : Section 192 of the Income-tax Act, 1961 – Deduction of tax at source – Salaries – Income-tax deduction from salaries during the financial year 2010-11

In this circular , detailed guidelines for compliance with TDS on salary are given for the FY 2010-11

Paragraph 4.6.5 of above circular clearly states that

“…..information related to nature and value of perquisite is to be provided by employer in Form No 12BA……..”

Hence deductors may treat this as type error and replace 12BB with 12BA.

Related posts:

1. Income-tax (Sixth Amendment) Rules, 2010 – Substitution of rules 30, 31, 31A, 31AA, 37CA, and 37D; Form Nos. 16, 16A and 27D; insertion of Form No. 24G and omission of rule 37A – Corrigendum to Notification No. 41/2010, dated 31-5-2010
2. An order can’t be treated erroneous simply because Assessing officer in his order not made elaborate discussion with reference to his satisfaction
3. Reference in Article 13(3)(c) of Indo-Canada DTAA is to “any copyright” and it is not a reference to “any right” for purpose of terming a payment as `royalty’
4. TDS /TCS Changes in Due Date for Payment, Return Filing, Mode of Payment, Time to Furnish Certificate
5. Clarification on Form 24G to be filed by Government Account Office