Fact: M/s Sunaiba Industries (“the petitioner”) is the selling dealer of the goods. The goods were being transported from Delhi to Kanpur in 30 builties. On account of improper invoice in respect of some of the builites, the goods were seized and directed to be released on furnishing security and indemnity bond as provided under Section 129 (1) (b) of the U.P. GST Act, 2017.
Held: The Hon’ble High Court of Uttar Pradesh vide case no. 1480 of 2018 dated November 26, 2018 disposes the writ petition, as the petitioner is a selling dealer and the actual sale has not happened, he still continues to be the owner of the goods and is therefore entitle for the release on deposit of tax & penalty along with furnish security & indemnity bond in accordance with provisions of Section 129(1)(a) of U.P. GST Act, 2017, the goods and vehicle of the petitioner shall be immediately released.