Wednesday, 22 May 2013
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|Another AFC leader linked to questionable ethical behaviour… NIGEL HUGHES IMPLICATED IN HARVEST COMPANY LTD’S FINANCIAL IRREGULARITIES|
|Wednesday, 01 August 2012 22:12|
- this follows accusations by clients of fraudulent practices by Ramjattan and Trotman law firm
THE Guyana Revenue Authority (GRA) obtained two judgments against Harvest Company Ltd, a company under the legal stewardship of AFC member reported to be slated for leadership, Nigel Hughes, for failure to remit PAYE and one judgment under Section 44 of the Value Added Tax Act No.10 of 2005. The particulars of the said judgments are as follows:
On the 7th October, 2011 (Action No. 814/CD 2011) judgment was granted for the sum of $621,967 (being PAYE principal in the sum of $468,183, penalties in the sum of $106,814 and interest in the sum of $46,970) for the periods January- August 2010. On the 24th June, 2009 (Action No. 105/CD 2009) judgment was granted for the sum of $7,236,032 (being PAYE principal in the sum of $2,337,110.00, penalties in the sum of $2,692,231 and interest in the sum of $2,206,691) for the periods August 2005- December 2005, July 2006 - December 2006 and January 2007- December 2007.
On 7th January, 2010 Section 44 Certificate was filed for the sum of $1,439,644 (being VAT in the sum of $942,803 and interest thereon in the sum of $496,841) for the periods April 2007- July 2007 and December 2007; January- June, September and November 2008; January 2009, February 2009 and April- July 2009.
On 13th October, 2011 a Writ of Summons was filed in the High Court to recover $4,429,450 (being PAYE in the sum of $1,230,727 and interest and penalties thereon in the sum of $3,198,723) for the periods January to December 2008 and July to December 2009. On the 18th January, 2012 Justice Persaud granted an Unless Order giving the Company 5 days to file an Affidavit in Defence. On the same day the company filed the said Affidavit denying that the PAYE in the sum of $1,203,727 was deducted. The matter was called on 24th July for preemptory trial and has been adjourned to 17th September, 2012.
The Legal Services Division sent a demand letter reminding the Company of its outstanding liability and warned that failure to liquidate same would result in the institution of levy proceedings, but the Company failed to make any payments towards its liabilities, which total $13,727,093.
In an effort to recover the state’s revenues, on the 22nd May, 2012 a Writ of Execution, along with instructions to levy, was filed to recover the outstanding PAYE judgment sums. On the 20th June, 2012 the officers of the GRA sought to institute levy proceedings against the Company. Upon arrival at the High Court on 20th June, 2012 the Officers of the GRA informed the High Court Marshals that the business operates at 176 Middle Street Georgetown, but the Marshals insisted that they must visit the registered address stated on the writ of execution.
It should be noted that Sidewalk Café and Jazz Club is a registered business registered under the Business Registration Act and is solely owned by Harvest Company Ltd, a company incorporated under the Companies Act Chapter 89:01 and continued under Act No. 29 of 1991 of the Laws of Guyana with registered address at 62 Hadfield and Cross Streets Georgetown.
This is the venue where AFC hosts most of its press conferences, which AFC member, Cathy Hughes, wife of Nigel Hughes, moderate.
When the officers of the Revenue Authority and the Marshals arrived at 62 Hadfield and Cross Streets, Werk-en-Rust, Georgetown, they were informed that the business is not being conducted at the registered address. It should be noted that Attorney- at- Law, Mr. Robin Stoby said that Harvest Company Ltd. has not been in operation for some years now. Mr. Stoby also stated that Mr. Hughes is out of the jurisdiction and he undertook to have him make contact with the Legal Services Division when he returns to settle the outstanding indebtedness of the company.
To date neither Mr. Hughes nor any representative of the Company has made contact with the GRA.
The public is left to wonder if there is one law applying to the ordinary citizen of the land and other that applies to the leaders and members of opposition parties.
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