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Requested cross-examination under Regulation 17(4) of the Customs Brokers Licensing Regulations, 2018 is mandatory where witness statements are relied upon in penalty proceedings against a Customs Broker. If cross-examination cannot be provided despite a specific request, those statements cannot support the penalty. Contradictory statements from the proprietor and F-card holder, coupled with failure to examine the person who entrusted clearance work to the broker, undermined the evidentiary basis. The penalty order was set aside and remanded for consideration of cross-examination and fresh adjudication according to law.
Requested cross-examination under Regulation 17(4) of the Customs Brokers Licensing Regulations, 2018 is mandatory where witness statements are relied upon in penalty proceedings against a Customs Broker. If cross-examination cannot be provided despite a specific request, those statements cannot support the penalty. Contradictory statements from the proprietor and F-card holder, coupled with failure to examine the person who entrusted clearance work to the broker, undermined the evidentiary basis. The penalty order was set aside and remanded for consideration of cross-examination and fresh adjudication according to law.
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TaxTMI 
TaxTMI 
of 4886 
