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    <title>2005 (4) TMI 347 - CESTAT, BANGALORE</title>
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    <description>An independent registered contractor functioning as a genuine job worker was treated on a principal-to-principal basis, not as hired labour, because the contractual language and factual control did not show an employment-like relationship. On that footing, duty liability on goods manufactured through the contractor was set aside. The text also states that penalty cannot be sustained against a person who was neither made a party to the adjudication nor issued notice, so the penalty order on that person was unsustainable. The discussion thus confirms that job-work arrangements are not recharacterised merely from contractual wording, and penalty requires prior notice and participation in the proceedings.</description>
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      <title>2005 (4) TMI 347 - CESTAT, BANGALORE</title>
      <link>https://www.taxtmi.com/caselaws?id=115272</link>
      <description>An independent registered contractor functioning as a genuine job worker was treated on a principal-to-principal basis, not as hired labour, because the contractual language and factual control did not show an employment-like relationship. On that footing, duty liability on goods manufactured through the contractor was set aside. The text also states that penalty cannot be sustained against a person who was neither made a party to the adjudication nor issued notice, so the penalty order on that person was unsustainable. The discussion thus confirms that job-work arrangements are not recharacterised merely from contractual wording, and penalty requires prior notice and participation in the proceedings.</description>
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