Urgent help needed

Look dear Last date for filing the Income Tax Return for the F.Y. 2008-09 A.Y. 2009-10 is 31st March, 2011 which is already passed. Now if u try to submit the return than your return will not be accepted until or unless you will the return under relevant section in which you have received the Notice from AO.

Moreover you can  claim the TDS for the year 2008-09 in later years. The question for penalty doesn't arises here bcoz you can't file the return.

Better to file the Return for F.Y. 2009-10 A.Y. 2010-11 for which you have paid the TDS. The last date for filing the Online Return has been passed so you have the only option to file Manually up to 31st march, 2012 which is the last date.