Delay in filling of TCS or TDS Return As per the provision of Section 234E, a late fee of Rs. 200 per day is applicable to be paid to the Income Tax Department towards the late filing of TDS/TCS return. The maximum amount of penalty cannot go beyond the amount of TDS or TCS. Non-filling of TCS or TDS Return filing A person shall also be liable to penalty in case the return has not been filed within 1 year from the due date of filing of return or if incorrect information has been delivered. The penalty levied should not be less than Rs. 10,000 and not be more than Rs. 1,00,000.