Latest update November 21st, 2024 1:00 AM
Remigrants ask Court to order GRA return detained SUVs
Three days after their two Sport Utility Vehicles (SUVs) were detained by the Guyana Revenue Authority, a remigrant couple has moved to the Court to have them returned.
The two vehicles being taken voluntarily on Saturday to the GRA’s bond at the Eccles Industrial Site, EBD.
The constitutional action filed by lawyers for Narootandeo and Gharbassi Brijnanan asked for court orders to be granted, and directed to the Guyana Revenue Authority (GRA), quashing the decision over the weekend to detain two Lexus LX 570 motor vehicles, registration numbers, PRR 8398 and PRR 8399.
According to the Brijnanans, both vehicles were imported by them after their application for remigration 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 of the seizures were “arbitrary”, “unreasonable”, in breach of their legitimate expectations and of the provisions of the Customs Act, and was unlawful.
The Brijnanans are being represented by attorneys-at-law Robin 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.
“Excise Tax was calculated on each motor vehicle in the sum of nine hundred and thirty-eight thousand, three hundred and seventy-one dollars ($938,371) and these sums were duly paid by us to the Revenue Authority on the 20th September, 2013.”
The vehicles were then registered by GRA under numbers PRR 8398 and PRR 8399. 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.
The matter will be called again next Wednesday.
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