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Since the petitioner is the selling dealer and the sale transaction has not attained finality, he continues to be the owner of the goods and is therefore entitle for the release the same in accordance with the provisions of Section 129 (1) (a) of the Act.

Goods in Transit — The submission of the petitioner is that the petitioner is the owner of the goods and therefore for the purposes of release, deposit/security and indemnity bond in accordance with the provisions of Section 129 (1) (a) of the Act alone could have been demanded. Writ petition disposed of with the direction to the petitioner to deposit the tax & penalty and to furnish security & indemnity bond in accordance with the provisions of Section 129 (1) (a) of the Act and on deposit of the amount as aforesaid or furnishing security and indemnity bond as may be required, the goods and vehicle of the petitioner shall be immediately released. — Sunaiba Industries Vs. State of U.P. And 2 Others [2018] 6 TAXLOK.COM 60 (Allahabad)

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