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TargoLegal compliance guide · 2026

TDS Was Deducted but Never Deposited or the TDS Return Wasn't Filed — What Happens Next?

If TDS was deducted but not deposited, or deposited but the statement was not filed, treat these as separate failures. In 2026 the governing law depends on when the TDS trigger occurred: payments/credits up to 31 March 2026 remain under the Income-tax Act, 1961; events from 1 April 2026 fall under the Income Tax Act, 2025. The Income Tax Department confirms both frameworks continue during transition.

By: TargoLegal Research and Editorial DeskUpdated: 18 August 2026Last legally reviewed: 18 August 2026
What to verify firstUse this diagnostic before filing, paying or replying.
2026 verified
DeductWas tax withheld?
STEP 1
DepositChallan valid?
STEP 2
StatementReturn filed?
STEP 3
CreditDeductee gets credit?
VERIFY
The client-facing process should show what is pending, what is proposed, what the client approves and what acknowledgement is retained.
Deduction, deposit and statement are separateA challan does not prove statement filing.
1 April 2026 is the transition lineSection numbering changed under the 2025 Act.
Old-Act late-deposit interest is explicitOfficial FAQ confirms 1.5% per month in the stated late-deposit situation.
Corrections follow the governing periodOld-period corrections stay under the old framework.
Quick answer

If TDS was deducted but not deposited, or deposited but the statement was not filed, treat these as separate failures. In 2026 the governing law depends on when the TDS trigger occurred: payments/credits up to 31 March 2026 remain under the Income-tax Act, 1961; events from 1 April 2026 fall under the Income Tax Act, 2025. The Income Tax Department confirms both frameworks continue during transition.

What this means for you

Reconstruct the transaction date, applicable Act, challan and statement status before calculating consequences.

Who this applies to

Businesses and employers with TAN obligations.

Why this problem happens

A payroll/accounting entry can deduct tax while cash is never remitted, or remittance can happen without a quarterly statement.

1
Identify the legal taskKeep evidence and one accountable owner.
2
Verify portal and historyKeep evidence and one accountable owner.
3
Reconcile source recordsKeep evidence and one accountable owner.
4
Approve the next actionKeep evidence and one accountable owner.

What should be checked immediately

Use an indexed checklist rather than scattered messages. The exact documents vary by issue, but the records below should be under business control before any filing, correction or response.

Payment/credit date
Applicable TDS provision
Date deducted
Date deposited
Challan/CIN
Statement status
Deductee PAN mapping
Certificate status
QuestionEvidenceWhy
Was TDS deducted?Ledger/payrollEstablish default
Was it deposited?Challan/CINPayment proof
Was statement filed?AcknowledgementReporting proof
Was PAN correct?Statement dataCredit can fail
Which Act applies?Credit/payment date1961 vs 2025 Act

What to do now

For pre-1 April 2026 events use the old Act/old statement framework; for post-1 April events use the 2025 Act and current forms/utilities. Reconcile deductees before correction.

Practical hypothetical example

A company deducted March 2026 contractor TDS on 31 March but deposited in May. The official transition FAQ says the old Act governs and confirms 1.5% per month interest from deduction to actual payment in that situation.

What happens if this is ignored

Non-deposit can lead to recovery, interest and other consequences; non-filing can prevent correct deductee credit.

What TargoLegal checks before filing or responding

TargoLegal separates tax deducted, tax deposited and statement filing for each quarter, then maps correction and interest consequences.

What the customer should approve and receive

Before filing or response

Receive the issue summary, pending-document list, proposed figures/treatment, deadline and payment impact. Material assumptions should be visible.

After submission

Receive the filed return/form or response, government acknowledgement, payment proof and a short open-items list.

Do not make the handover or correction harder

Waiting for one person indefinitely

Statutory deadlines continue.

Sharing passwords casually

Keep portal access under business control.

Filing from memory

Rebuild from source records and prior filings.

Keeping no acknowledgement

Every completed filing should leave an official trail.

What to send for a first review

Send the quarter plus challan/CIN and statement status for a TDS compliance review.

How do I know the filing or response is actually complete?

Look for the official acknowledgement/status on the relevant government portal and retain the filed copy. A payment receipt or provider message is not enough.

Should I share my portal password with a new provider?

Prefer official authorisation, secure reset and business-controlled access. Do not send passwords or OTPs through uncontrolled chats.

Can I blame the previous adviser in the government response?

A statutory response should focus on facts, law and evidence. Private responsibility with a provider is a separate issue unless legally relevant.

What should I approve before filing?

You should receive a concise summary of figures, differences, payment/correction proposed and unresolved risks before submission.

What should I keep afterwards?

Keep the filed form/return, acknowledgement, payment proof, reconciliation and any response/order in a business-controlled archive.

Official sources used

Legal and portal claims were anchored to the official references below. Forums and customer complaints were used only to understand real-world confusion, never as legal authority.

Editorial review record

TargoLegal Research and Editorial Desk · Last legally reviewed: 18 August 2026. Recheck live forms, notifications, portal workflows and response dates immediately before acting.

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