Tds penalty

Hello Respected members,

we received a notice from IT department to appear on the case related with non filing of TDS return for the year 2012-2013. we do not file our TDS return because there is no deduction during the year 2012-13. In notice department says we filed TDS return in 2011-12 not in 2012-13 why?

now my query is there any penlty levied on us? if yes then how the should be waived in case of nil return with no deduction. please reply soon :)