Dr. P. Nalla Thampy v. Shankar

3 SCC 242Supreme Court of India2000#1343 most cited

What is Dr. P. Nalla Thampy v. Shankar authority for?

A court or quasi-judicial authority, tasked with deciding disputes, inherently possesses the power to dismiss a case for default if a party is absent at a hearing. It is not obligated to keep the matter pending or pursue it on the absent party's behalf.

85

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2026.

Also referred to as

Dr. P. Nalla Thampy v. Shankar · New India Assurance v. Srinivasan · 3 SCC 242 · inherent power to dismiss for default · non-prosecution of appeal · non-appearance · Section 250 Income Tax Act · Section 253 Income Tax Act · quasi-judicial body · dismissal of appeal for non-compliance

Issues it is cited on

Judgments citing Dr. P. Nalla Thampy v. Shankar

PROTON POSITIVE HEALTH CARE INDIA PRIVATE LIMITED,HYDERABAD vs. ACIT., CIRCLE -16(2), HYDERABAD

In the result, the appeal filed by the assessee company is allowed in terms of our aforesaid observations

ITA 812/HYD/2025[2016-17]Status: DisposedITAT Hyderabad03 Dec 2025AY 2016-17

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No.812/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2016-17) Proton Positive Health Vs. Assistant Commissioner Care India Private Limited, Of Income Tax, Hyderabad. Circle-16(2), Pan: Aafcp6862K Hyderabad. (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri M.V. Prasad, Ca राज" व "ारा/Revenue By: Dr. Sachin Kumar, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 19/11/2025 घोषणा की तारीख/Date Of 03/12/2025 Pronouncement: आदेश / Order Per. Ravish Sood, J.M: The Present Appeal Filed By The Assessee Company Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals) (For Short, “Cit(A)”) Dated 07/03/2025, Which In Turn Arises From The Order Passed By The Assessing Officer (For Short, “Ao”) Under Section 271(1)(C) Of The Income-Tax Act, 1961 (For Short, “Act”) Dated 28/06/2019 For Ay 2016-17. The Assessee Has Assailed The Impugned Order Passed By The Cit(A) On The Following Grounds Of Appeal Before Us:

For Appellant: Shri M.V. Prasad, CAFor Respondent: Dr. Sachin Kumar, Sr. AR
Section 143(1)Section 271(1)Section 271(1)(c)Section 56(2)(viib)

…ecide on a matter of dispute, inherently possesses the power to dismiss the case for default, has been upheld by the Hon'ble Supreme Court in case of Dr. P. Nalla Thampy Vs. Shankar (1984 (Supp) SCC 63 and the case of New India Assurance vs. Srinivasan (2000) 3 SCC 242. In the latter case, the Apex Court has held as under- "That every court or judicial body or authority, which has a duty to decido a list between two parties, inherently possesses the power to dismiss a case in default. Where a case is called up for hearing and the party is not present, the court or the judicial or quasi-judicial body is under no o…

ANJANEYULU REDDY AMMIREDDY,VINUKONDA vs. INCOME TAX OFFICER, WARD-1, NARASARAOPET

ITA 542/VIZ/2025[2018-19]Status: DisposedITAT Visakhapatnam19 Nov 2025AY 2018-19

Bench: Shri Ravish Sood & Shri Balakrishnan S.आ.अपी.सं /Ita No.542/Viz/2025 (निर्धारण वर्ा/Assessment Year:2018-19) Vs. Anjaneyulu Reddy Ammireddy, Income Tax Officer, Vinukonda. Ward-1, Pan: Aelpa3332C Narasaraopet. (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Sri Gvn Hari, Advocate रधजस्‍व द्वधरध/Revenue By: Dr. Aparna Villuri, Sr. Ar सुिवधई की तधरीख/Date Of Hearing: 06/11/2025 घोर्णध की तधरीख/Date Of 19/11/2025 Pronouncement: आदेश / Order Per. Ravish Sood, Jm: The Present Appeal Filed By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, Dated 25/07/2025, Which In Turn Arises From The Order Passed By The Assessing Officer Under Section 147 R.W.S 144 R.W.S 144B Of The Income Tax Act, 1961 (For Short, “The Act”), Dated 29/02/2024. The Assessee Has Assailed The Impugned Order On The Following Grounds Of Appeal:

For Appellant: Sri GVN Hari, AdvocateFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 142(1)Section 143(2)Section 147Section 148Section 148ASection 151Section 151ASection 69

…ecide on a matter of dispute, inherently possesses the power to dismiss the case for default, has been upheld by the Hon'ble Supreme Court in case of Dr. P. Nalla Thampy Vs. Shankar (1984 (Supp) SCC 63 and the case of New India Assurance vs. Srinivasan (2000) 3 SCC 242. In the latter case, the Apex Court has held as under: "That every court or judicial body or authority, which has a duty to decide a list between two parties, inherently possesses the power to dismiss a case in default. Where a case is called up for hearing and the party is not present, the court or the judicial or quasi-judicial body is under no o…

TOUCH TONE TELESERVICES,HYDERABAD vs. ITO., WARD-4(1), HYDERABAD

ITA 987/HYD/2025[2017-18]Status: DisposedITAT Hyderabad19 Nov 2025AY 2017-18

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No. 987/Hyd/2025 (निर्धारण वर्ा/Assessment Year: 2017-18) Touch Tone Teleservices, Vs. Income Tax Officer, H. No. 3-6-550/4, 1St Floor, Ward-4(1), Street No.7, Himayatnagar, Hyderabad. Hyderabad. Pan: Aacft5196N (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Sri S. Rama Rao, Advocate रधजस् व द्वधरध/Revenue By: Sri Gurpreet Singh, Sr.Ar सुिवधई की तधरीख/Date Of Hearing: 16/10/2025 घोर्णध की तधरीख/Date Of 19/11/2025 Pronouncement: आदेश / Order Per. Ravish Sood, J.M: The Present Appeal Filed By The Assessee Firm Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, Dated 27/02/2025, Which In Turn Arises From The Order Passed By The Assessing Officer Under Section 143(3) Of The Income Tax Act, 1961 (For Short, “The Act”), Dated 27/12/2019. The Assessee Firm Has Assailed The Impugned Order On The Following Grounds Of Appeal:

For Appellant: Sri S. Rama Rao, AdvocateFor Respondent: Sri Gurpreet Singh, Sr.AR
Section 114Section 143(2)Section 143(3)Section 145(3)

…ecide on a matter of dispute, inherently possesses the power to dismiss the case for default, has been upheld by the Hon’ble Supreme Court in case of Dr. P. Nalla Thampy Vs. Shankar (1984 (Supp) SCC 63 and the case of New India Assurance vs. Srinivasan (2000) 3 SCC 242. In the later case, the Apex Court has held as under:- “That every court or judicial body or authority, which has a duty to decide a list between two parties, inherently possesses the power to dismiss a case in default. Where a case is called up for hearing and the party is not present, the court or the judicial or quasi-judicial body instituted li…

BRIJLAXMI PAPER PRODUCTS PRIVATE LIMITED,KOLKATA vs. DCIT, CIRCLE 5(1), , KOLKATA

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 854/KOL/2025[2018-2019]Status: DisposedITAT Kolkata25 Aug 2025AY 2018-2019

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) & Shri Rajesh Kumari.T.A. No. 854/Kol/2025 Assessment Year: 2018-2019 Brijlaxmi Paper Products Pvt. Limited,……..Appellant 686, Shrachi Tower, Anandapur Em Byepass, Kolkata-700107 [Pan:Aafcb2003G] -Vs.- Deputy Commissioner Of Income Tax,….....Respondent Circle-5(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri Sanjay Chatterjee, Ca, Appeared On Behalf Of The Assessee Shri Dheeraj, Addl. Cit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: August 05, 2025 Date Of Pronouncing The Order: August 25, 2025 O R D E R

Section 133(6)Section 142(1)Section 143(2)

…ant and had no regards for the statutory proceedings. The ld. CIT(Appeals) also relied on the judgment of the Hon’ble Supreme Court in the case of Dr. P. Nalla Tampy -vs.- Shankar (1984 (Supp) SCC 63 and the case of New India Assurance -vs.- Srinivasan (2000) 3 SCC 242 as well as Hon’ble Punjab & Haryana High Court in the case of Nirmal Singh & Others (Cr No. 3791 of 2013 (O & M) dated 01.05.2014. Likewise, in the case of CIT Vs. Multiplan India (P) Ltd. (38 ITD 320) (Del) similar view had been taken. The ld. CIT(Appeals), therefore, convinced that the assessee was not interested in prosecuting the appeal and, th…

BRIJLAXMI PAPER PRODUCTS PRIVATE LIMITED,KOLKATA vs. DCIT, CIRCLE 5(1), , KOLKATA

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 853/KOL/2025[2018-2019]Status: DisposedITAT Kolkata25 Aug 2025AY 2018-2019

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) & Shri Rajesh Kumari.T.A. No. 853/Kol/2025 Assessment Year: 2018-2019 Brijlaxmi Paper Products Pvt. Limited,……..Appellant 686, Shrachi Tower, Anandapur Em Byepass, Kolkata-700107 [Pan:Aafcb2003G] -Vs.- Deputy Commissioner Of Income Tax,….....Respondent Circle-5(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri Sanjay Chatterjee, Ca, Appeared On Behalf Of The Assessee Shri Dheeraj, Addl. Cit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: August 05, 2025 Date Of Pronouncing The Order: August 25, 2025 O R D E R

Section 143(3)Section 144BSection 270A

…ant and had no regards for the statutory proceedings. The ld. CIT(Appeals) also relied on the judgment of the Hon’ble Supreme Court in the case of Dr. P. Nalla Tampy -vs.- Shankar (1984 (Supp) SCC 63 and the case of New India Assurance -vs.- Srinivasan (2000) 3 SCC 242 as well as Hon’ble Punjab & Haryana High Court in the case of Nirmal Singh & Others (Cr No. 3791 of 2013 (O & M) dated 01.05.2014. Likewise, in the case of CIT Vs. Multiplan India (P) Ltd. (38 ITD 320) (Del) similar view had been taken. The ld. CIT(Appeals), therefore, convinced that the assessee was not interested in prosecuting the appeal and, th…

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