TDS RETURN OF FY. 2011-12

I WANT TO KNOW WHETHER AN EMPLOYER CAN FILE TDS RETURN FOR A.Y. 2011-12 AS HE FORGOT TO FILE THE SAME IN THAT YEAR BUT TDS WAS PAID .

NOW AS TDS RETURN IS NOT FILED HIS EMPLOEES GETTING NOTICE FROM IT DEPARTMENT.

AS THEY HAVE CLAIMED THE TDS IN THEIR IT RETURNS

SO IF HE FILE TDS RETURN NOW  WHETHER HE WILL BE PENALISED ?