Court bars GRA from transferring seized Pajero

Aug 15, 2010 News

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Chief Justice Ian Chang has granted a conservatory order compelling the Commissioner General of the Guyana Revenue Authority Kurshid Sattaur and his agents to refrain from selling, transferring, pledging, mortgaging or otherwise alienating or dispensing of motor vehicle number PJJ 3837 which is now registered as PMM 5467.

The order was granted last Wednesday after businessman Bhola Nauth of nine First Street, Cummings lodge, through his attorney Stephen Lewis moved to the court, seeking a declaration that the seizure of the vehicle by the GRA is unconstitutional.
The businessman also sought a declaration that Bhola Nauth is entitled to possession of the said vehicle and a declaration that the seizure of the vehicle is a breach of article 142 of the constitution of Guyana.
Additionally, the businessman sought from the court an order compelling the Commissioner General to deliver possession of the vehicle to the businessman.
The businessman in an affidavit in support of his motion believes that the Guyana Revenue Authority has transferred the vehicle in the name of Guyana Revenue Authority and registered the said Motor Vehicle as PMM 5467 for use by the Enforcement Division.
Bhola Nauth in his application to the noted that by Agreement of Sale dated the April 3, 2009, he purchased from Mr. David Burgess a motor vehicle, registration number PJJ 3837 at a price of $2,9M.
At the time of the sale, Burgess presented him with a Certificate of Registration bearing the stamp of the Licence Revenue Department and a signature of an officer of the Licence Revenue Department which showed that apart from two previous owners, he was the third owner of the vehicle as of August 20, 2007.
The information on the face of the Certificate of Registration was duly checked and verified as true and correct at the office of the Licence Revenue Department, Smyth Street, Georgetown.
Pursuant to the sale, the ownership of the vehicle was duly transferred to Nauth on April 30, 2009.
All receipt with regards to the transfer fees were issued to Nauth as the third owner by the one C. Collymore on behalf of the Accountant General.
Nauth was also issued with a road licence, Number 199023 for the said vehicle by Guyana Revenue Authority.
However, in November of 2009 Nauth got the shock of his life when he decided to sell the vehicle to secure a smaller one for his son.
Upon seeking to transfer ownership of the vehicle to the new purchaser, he was told by an officer of the Licence Revenue Office that no custom duty was paid for the vehicle and that the transfer he was seeking could not be effected.
With this information, the businessman contacted the Commissioner General of the Guyana Revenue Authority Mr. Khurshid Sattaur and repeated to him what he had been told by the officer at the Licence Office, and Sattaur promised to have the matter investigated.
On December 9th, 2009, officials from the Guyana Revenue Authority went to nauth’s home and seized the vehicle and presented him with a letter dated December 7th, 2009, signed by Errol Charles, Manager (Ag.) Law Enforcement Division.

The letter stated, “The Guyana Revenue Authority responding to you in connection with a voluntary compliance of one (1) 1996 Mitsubishi Pajero Jeep. The Enforcement Division of the Guyana Revenue Authority wishes to inform you that this matter was fully investigated and which revealed that this Mitsubishi Pajero Jeep was imported illegally into Guyana and did not remit any taxes to the Guyana Revenue Authority and was affixed with a false registration plate #PJJ3837.
The total taxes (Excise Tax) payable to the Guyana Revenue Authority on this 1996 Mitsubishi Pajero Jeep is six million eight hundred and forty right thousand six hundred dollars ($6,848,600.00).
For further information on this matter, please contact Mr. Errol Charles, manager (ag), Law Enforcement Division.”
Nauth subsequently contacted the Law Enforcement Division and pleaded with Charles that he was not aware of any illegality.
He pointed out that he was a bonafide purchaser without notice, since the documents provided to him were all verified as true and correct by the Licence Officer of the Guyana Revenue Authority at the time of his purchase.
Nauth claimed that Charles refused the opportunity to examine the documents which were presented to him.
According to the businessman since then he has been seeking an audience with Officers of the Guyana Revenue Authority but no one seemed interested in listening to him or dealing with the matter.
He is advised by his attorney Stephen lewis the enforcement division of the Guyana Revenue Authority to seize vehicle No. PJJ 3837 now registered as PMM 5467 and transferring registration of the said vehicle was unlawful, an abuse of process and discretion, unreasonable, in breach of natural Justice and in breach of his constitutional rights contrary to Article 142 of the Constitution.
He is also advised that it the actions of the GRA IS in breach of the Customs Act Chapter 82:01.
“I fear that my rights would continue to be breached and the aforesaid Motor Vehicle may be alienated or otherwise disposed of whilst a constitutional challenge to the aforesaid seizure is pending in the High Court,” the businessman said in his affidavit.
The matter will be placed in bail court where a final order will be made.

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Fuel shortage in Lethem threatens economic activities
….emergency supplies air dashed to power company

A severe fuel shortage in Lethem has forced the Lethem Power Company to air-dash fuel from Annai.
This newspaper yesterday was informed by residents of Lethem that the shortage in fuel, as a result of the temporary closure of the Linden/Lethem Road has placed tremendous strains on the power company in meeting its maximum output.
Residents complained that on Thursday last, they were without electricity for the entire day.
According to one resident, “while one part of Lethem has electricity, the other part is without.” The resident charged that Culvert City and Tabatinga are two of the most affected areas. Efforts were made by this newspaper to contact an official at the company, but this proved futile.
However, one resident said that the intermittent power outage is a result of the Power Company interchanging generators.
It was further explained, that “18 barrels of gasoline were air-dashed from Annai to the power company, leading to a surplus, presently.”
An official explained that there were four barrels of fuel that form the reserve stock which will last until tomorrow.
The closure of the Linden/Lethem Road to heavy vehicular traffic has forced many residents of Lethem to buy fuel from neighbouring Brazil to keep up the economic vibrancy of the area.
The Linden/ Lethem road was closed for the past few weeks to facilitate critical repairs.
The road was recently submerged as a result of heavy rains coupled with a severe high spring tide, causing high levels of erosion at many parts, which resulted in the road being impassable at certain sections.
The Ministry of Public Works had to effect emergency repairs and recently opened the road to light vehicular traffic.
The repairs to the damaged sections of the road are delayed by the persistent high levels of rainfall and despite warnings, several large trucks continue to ply the route, further damaging the road at some sections.
While some residents are complaining of supplies running low, some are questioning how fast the situation will come to an end.

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