Taxability for resident welfare housing society

Hello every one,

1. One of my client registered under Public Registration Act, 1350 Fasli, which is applicable to Telangana Area of the state, which is corresponding to the Societies Registration Act, 1860.
2. It is a Housing/Resident welfare society. What is the status for Income Tax ? Can any one explain the taxation of income of an AOP in such non profitable organization. Which ITR to be filled ITR-4 / ITR-5?
3. We have filed the return of income for the AY 2014-15 showing status as any other AOP / BOI and the return was processed. We have received an intimation U/s 143(1) considering deemed income under 115JC and taxed @ 30%. Actually as per section 115JC it should be taxed @ 18.5% & as my adjusted income is below 20 Lakhs sec 115JC is not applicable in my client’s case.
4. When I contacted CPC, Bangalore they communicated to me that in ITR-5 the profit sharing percentage has to be entered in the members details(Part A-Gen E of ITR – 5) otherwise it will be taxed @ 30% and accordingly taxed at 30% in intimation u/s 143(1).
5. Section 167B speaks about the charge of tax where the share of members in association of person is unknown.
6. In my case it won’t be applicable because as per the section 167B(1) which reads, Where the individual shares of the members of an AOP / BOI ( other than a company or a co-operative society or a society registered under the Societies Registration Act, 1860 or under any law corresponding to that Act in force in any part of India) in the whole or any part of the income of such association or body are indeterminate / unknown, tax shall be charged on the total income of the association or body at the maximum marginal rate. In my client’s case the societyhas been registered under Public Registration Act, 1350 Fasli which is corresponding to the Societies Registration Act, 1860 and falling under non-applicable category.
7. My client is a welfare society & no amount will be shared by the members. The excess of income over expenditure will be added to corpus fund. The corpus fund amount will be utilized for welfare of the society and the elected body will not be sharing any profit. The elected body changes whenever there are elections.
8. 1st schedule of Finance Act states the tax rate are applicable to individuals, HUF and AOP and as such AOP will be treated as individual for rate purpose.
9. I request the learned members to through light on the following issues:

•         Whether residential welfare housing society registered under Public Registration Act, 1350 Fasli and working under no profit or loss basis be treated as AOP.

•         Taxability of AOP where the elected body will not have any share.

•         Whether CPC is correct in stating that tax of 30% is leviable as per Sec 115JC when the adjusted profit is less than Rs.20 lakhs ?

•         Whether Maximum Marginal rate is applicable as per Sec 167B when my client comes under non-applicable category like (other than a company or a co-operative society or a society registered under the Societies Registration Act, 1860 or under any law corresponding to that Act in force in any part of India).

Thanks In Advance