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Court quashes $800M GRA tax imposition on Mohameds for importation of luxury vehicles
(Kaieteur News) – The High Court on Thursday quashed an imposition of nearly $800 million in taxes and attempted seizures targeting two luxury vehicles belonging to Hana Mohamed and Bibi Mohamed by the Guyana Revenue Authority (GRA).
Justice Gino Persaud, who delivered the ruling, declared that the GRA’s enforcement actions and certain long-standing remigrant concession conditions were unreasonable, unlawful, and lacked statutory backing.
Attorneys Siand Dhurjon and Damien DaSilva with Hana Mohamed outside of the court room.
The legal battle stemmed from attempts by GRA and police officers last year to seize a used 2020 Ferrari 488 (Registration PAD 5000) and a 2023 Rolls Royce Cullinan (Registration PAE 5000) from the residence of US sanctioned businessman Azruddin Mohamed now turned Leader of the Opposition. In the first case involving Hana Mohamed, the acting High Court judge ruled that the Commissioner General’s failure to lawfully consider her explanations for temporary absences from Guyana was “unreasonable, arbitrary, irrational, unfair and unlawful.” The court issued an order of certiorari quashing the GRA’s demand for $479,743,489.00 in taxes, as well as demands to surrender the Ferrari to the Law Enforcement and Investigative Division (LEID). The matter has been remitted to the Commissioner General for a fair reconsideration and a formal hearing.
In the second case, brought by Bibi Mohamed regarding the Rolls Royce Cullinan, the court quashed a tax imposition of $320,064,242.00 and granted a permanent injunction restraining the GRA from seizing or forfeiting the vehicle. Furthermore, Justice Persaud ordered the GRA to pay $750,000.00 in costs to the Bibi Mohamed by August 13, 2026. The Court further struck down two conditions frequently imposed by the revenue authority on remigrant duty-free concessions, finding them ultra vires (beyond the legal power of) the Customs Act, Cap. 82:01.
The court declared that the GRA has no legal authority to mandate that a concession vehicle must be used “solely by the applicant as her primary mode of transportation” and that the owner must report in person to the GRA every six months with the vehicle and its documentation for inspection.
Speaking to journalists outside the court, defence attorney Siand Dhurjon, who appeared alongside Damien DaSilva for the Mohameds, hailed the decision as a victory for judicial independence. “The court was clear that the GRA was really not fair to Hana Mohamed in that she had good reasons for what they were claiming was her breaching the tax laws,” Dhurjon said, noting that the agency had falsely claimed it possessed zero discretion to listen to reasonable explanations regarding residency compliance.
He also said that “and the GRA stated that they had no discretion whatsoever to listen to her, they were duty-bound to impose these taxes, but the court said no, they have to listen to her, they have to consider any reasonable explanation she might assert. So, I think the decision is a scathing and damaging one. Two of the GRA permanent injunctions were granted in respect of the Ferrari and the Rolls Royce that the GRA, their servants and agents, shall take no steps to seize, detain, forfeit, condemn, etc., or pursue these taxes. So, we are happy that the judiciary remains independent in respect of these matters. And we await the remaining decision on a similar matter before another court.”
Following the verdict, Hana Mohamed expressed relief but leveled corruption and political victimisation charges against the current administration. “Today I do feel vindicated. I do feel that justice has been served,” Mohamed told the press. However, she went on to describe the tax assessments as “trumped-up, malicious, [and] vexatious charges” originating from senior government officials. “We know that this is political persecution against the Opposition Leader, Guyana, and his family. The ruling today proves that,” Mohamed alleged. She further questioned why the GRA was targeting her family while ignoring allegations surrounding public officials. “There are so many members of government, government officials, ministers, members of parliament, who even sell their duty-frees. Why isn’t the GRA investigating them?” The GRA was represented by a legal team including Mr. Robin Stoby S.C., Mr. Anand Ramlogan S.C., and Mr. Sanjeev Datadin, among others.
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