Dr. P. Nalla Thampy v. Shankar

3 SCC 242Supreme Court of India2000#1337 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 366,005 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

Chandra Bhawan, Kaushambi vs. ITO Ward-2(5), Kaushambi

In the result, while appeal in ITA No

ITA 41/ALLD/2024[2016-17]Status: DisposedITAT Allahabad29 Nov 2024AY 2016-17

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2017-18 Chandra Bhawan, Vs. Additional/Joint/Deputy/Assis Chak Guraini, Baish Kanti, Kaushambi- Tant Commissioner Of Income 212206 Tax/Income-Tax Officer, Present Address National Faceless Assessment 39A/L/2, Om Prakash, Sabhasad Marg, Centre, Delhi Kalindipuram, Prayagraj-211011 Pan:Ahjpb4378C (Appellant) (Respondent) A.Y. 2016-17 Chandra Bhawan, Vs. Income Tax Officer, Chak Guraini, Baish Kanti, Kaushambi- Ward-2(5), Kaushambi 212206 Present Address 39A/L/2, Om Prakash, Sabhasad Marg, Kalindipuram, Prayagraj-211011 Pan:Ahjpb4378C (Appellant) (Respondent) Assessee By: Sh. Mayank Arora, Advocate Revenue By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 14.11.2024 Date Of Pronouncement: 29.11.2024 O R D E R Per Nikhil Choudhary, A.M.: These Two Appeals Have Been Filed Against The Orders Of The Ld. Cit(A), Nfac Under Section 250 Of The Income Tax Act, 1961 On 19.01.2024 (For The Assessment

For Appellant: Sh. Mayank Arora, AdvocateFor Respondent: Sh. A.K. Singh, Sr. DR
Section 156Section 250Section 69A

…efore, relying upon the decision of the Hon’ble Supreme Court in the case of CIT vs. B.N. Bhattarcharya 118 ITR 461 SC, Nandram Das Dwarka Das AIR 1958 M.P. 260, Dr. P. Nala Thampi vs. Shankar (1984) (Supp) SCC 63 and New India Assurance vs. Srinivasan (2000) 3 SCC 242, he dismissed the appeal of the assessee, holding that the assessee was not interested in pursuing its appeal and was only using dilatory tactics. 19 A.Y. 2017-18 A.Y. 2016-17 Chandra Bhawan 12. Aggrieved with this summary dismissal of his appeal, the assessee is before us. Shri. Mayank Arora, Advocate (hereinafter referred to as the ‘ld. AR’)…

Chandra Bhawan, Kaushambi vs. Addl./Joint/ACIT/ITO, NFAC, Delhi

In the result, while appeal in ITA No

ITA 141/ALLD/2023[2017-18]Status: DisposedITAT Allahabad29 Nov 2024AY 2017-18

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2017-18 Chandra Bhawan, Vs. Additional/Joint/Deputy/Assis Chak Guraini, Baish Kanti, Kaushambi- Tant Commissioner Of Income 212206 Tax/Income-Tax Officer, Present Address National Faceless Assessment 39A/L/2, Om Prakash, Sabhasad Marg, Centre, Delhi Kalindipuram, Prayagraj-211011 Pan:Ahjpb4378C (Appellant) (Respondent) A.Y. 2016-17 Chandra Bhawan, Vs. Income Tax Officer, Chak Guraini, Baish Kanti, Kaushambi- Ward-2(5), Kaushambi 212206 Present Address 39A/L/2, Om Prakash, Sabhasad Marg, Kalindipuram, Prayagraj-211011 Pan:Ahjpb4378C (Appellant) (Respondent) Assessee By: Sh. Mayank Arora, Advocate Revenue By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 14.11.2024 Date Of Pronouncement: 29.11.2024 O R D E R Per Nikhil Choudhary, A.M.: These Two Appeals Have Been Filed Against The Orders Of The Ld. Cit(A), Nfac Under Section 250 Of The Income Tax Act, 1961 On 19.01.2024 (For The Assessment

For Appellant: Sh. Mayank Arora, AdvocateFor Respondent: Sh. A.K. Singh, Sr. DR
Section 156Section 250Section 69A

…efore, relying upon the decision of the Hon’ble Supreme Court in the case of CIT vs. B.N. Bhattarcharya 118 ITR 461 SC, Nandram Das Dwarka Das AIR 1958 M.P. 260, Dr. P. Nala Thampi vs. Shankar (1984) (Supp) SCC 63 and New India Assurance vs. Srinivasan (2000) 3 SCC 242, he dismissed the appeal of the assessee, holding that the assessee was not interested in pursuing its appeal and was only using dilatory tactics. 19 A.Y. 2017-18 A.Y. 2016-17 Chandra Bhawan 12. Aggrieved with this summary dismissal of his appeal, the assessee is before us. Shri. Mayank Arora, Advocate (hereinafter referred to as the ‘ld. AR’)…

Mm Brothers, Lal Kothi Scheme, Jaipur vs. CPC, Bangalore, DCIT, Circle-6, Jaipur

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

ITA 653/JPR/2023[2017-18]Status: DisposedITAT Jaipur12 Dec 2023AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;djvihy la-@ITA No. 653/JP/2023 fu/kZkj.ko"kZ@AssessmentYear : 2017-18 M/s. M.M. Brothers E-666 Ekta Complex, Nakul Path, Lal Kothi Scheme, Jaipur 302 015 cuke Vs. The DCIT Circle-6 Jaipur LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.: AARFM 8094 K vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@Assessee by : Shri P.C. Parwal, CA jktLo dh vksj ls@Revenue by: Shri Anup Singh, Addl. CIT lquokbZ dh rkjh[k@Da

For Appellant: Shri P.C. Parwal, CAFor Respondent: Shri Anup Singh, Addl. CIT
Section 143(1)Section 143(1)(a)Section 154Section 37Section 37(1)

…decide 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…