3.9.The petitioner vide objections filed in letter dated 24.11.2017, questioned the reopening of the assessment under Section 147 of the Act both legally and factually. Based on material evidences collected during the survey and sworn statement recorded, it is established that the sites of the management and control of the petitioner is in India, i.e., at the office of WIPL located at WIPL Unit-4, 7th Floor, Crest Building, Ascendas IT Park, CSIR Road, Taramani, Chennai-600 113 and all the functions relating to the business activity of the petitioner being carried out in India, in association with Watanmal India. Thus, there exists a business connection of the petitioner in India, as per Explanation 2 of Section 9(1) of the Act. Based on these aspects, reasons were formed and recorded and after obtaining approval of the Commissioner of Income Tax (International Taxation), notice under Section 148 was issued to the petitioner on 22.03.2017. The officer, who recorded reasons forming opinion of income escaping assessment, had issued the notice under Section 148 of the Act, after getting due approval from the appropriate authority. In response to the said notice, the petitioner filed its return of income. Subsequently, due to change of incumbency, notice under Section 143(2) read with Section 129 was issued on 01.09.2017. As the objections raised are contrary to the evidences as stated above, they are overruled and rejected and the same are elaborately discussed and communicated to the petitioner vide office letter dated 05.12.2017.
