Seized remigrants Lexus’…Lawyer objects to delay s- GRA wants Court case discharge
The Guyana Revenue Authorities (GRA) has continued to detain two Lexus vehicles seized from a remigrant couple last month with state lawyers filing a motion last Friday to discharge a court order which called on the entity to explain its actions.
When the case was called yesterday before Chief Justice (ag), Ian Chang, GRA’s attorney-at-law, Stephen Fraser asked for the court to hear the motion. After arguments back and forth, the Chief Justice agreed to allow GRA to put its case for the discharge in writing.
The agency has until Friday to submit its arguments with the matter to be called again next Wednesday.
However, the move by GRA to challenge the September 2nd order by the court was objected to by attorney-at-law Robin Hunte, the lawyer for Narootandeo and Gharbassi Brijnanan, the remigrant couple.
According to Hunte, the GRA has been in possession of the two vehicles since August 30th, when they were taken voluntarily to the Eccles bond by the son of the remigrants.
That should have been enough time for GRA to conduct the necessary checks. Hunte successfully asked the court for an early hearing as the two vehicles continue to be in the custody of GRA, depriving his clients of their rights.
On September 2nd, the Brijnanans went to court asking for orders to be granted, and directed to GRA, quashing the decision by the entity to detain two Lexus LX 570 motor vehicles, bearing registration numbers, PRR 8398 and PRR 8399.
According to the Brijnanans, both vehicles were imported by them after their application for remigrant status was approved by the Ministry of Foreign Affairs on 3rd July, 2013, and tax exemptions granted by GRA via a letter dated 8th July, 2013.
The court action said that the grounds for the seizures were “arbitrary”, “unreasonable”, in breach of their legitimate expectations and the provisions of the Customs Act, and was unlawful.
The Brijnanans are being represented by attorneys-at-law Hunte, Ganesh Hira and Manoj Narayan.
In their claims, the couple said they have homes in Number 61 Village, Berbice, and at Continental Park, East Bank Demerara, and that they were United States residents since 1997, acquiring citizenship in 2003.
“During the years 2008 to 2012, we travelled frequently to Guyana and eventually in the year 2013, we decided to return to our country of birth to spend our golden years.”
They applied and were granted remigrant status and subsequently were given tax exemptions on the two Lexus vehicles, together with a quantity of household furniture, appliances and other items. The couple said that they were required to pay Excise Tax of 10% of the CIF (Cost, Insurance and Freight) value of the two vehicles which were shipped, arriving in Georgetown last year September.
According to the Brijnanans, the vehicles were used by them, their son, Nityanand Narootandeo, who is a senior official in GRA, and “by close friends of the family”.
The Brijnanans said they were visiting their Berbice home when they learnt that GRA officers had attempted to remove the vehicles from their Continental Park home.
“On Saturday, the 30th of August, 2014, he (Nityanand) delivered the aforesaid motor vehicles to the warehouse of the Revenue Authority located at Eccles Industrial Site, East Bank Demerara, in accordance with the instructions and directions of the officers, servants and/or agents of the Revenue Authority.”
The couple said that the vehicles have not been released by GRA and they were advised by their lawyers that the seizures were unlawful; in breach of their legitimate expectations and fundamental rights as guaranteed by the Constitution.