The contention of the learned counsel for the petitioner is that after the goods were intercepted on 6.12.2019, the petitioner approached the authorities with an intention to get the goods and the vehicle released after the payment of tax as was payable under Section 129(1)(a) of the GST Act. However, when the tax as was being paid by the petitioner was not accepted and imposition of tax was being done under Section 129 (1)(b) of the Act, an Appeal under Section 107 (1) of the Act was filed.

When, however, the Appellate Court instead of adjudicating as to whether the amount was payable under Section 129 (1) (a) or under Section 129 (1) (b) adjudicated on different aspects as well on 28.1.2020, the petitioner has filed the instant petition under the Article 226 of the Constitution of India.

Learned counsel for the petitioner further submitted that under Section 168 of the U.P. GST Act, 2017, a certain Government Order had also been issued on 1.7.2017 (annexed as annexure no. 6 to the writ petition) which states that when the invoice is there it would be deemed that the person from whose possession the invoice is found would the owner and when the invoice came from the petitioner, it shall be deemed to be the owner.

Matter requires consideration.

Learned Standing Counsel may file a counter affidavit within three weeks. Rejoinder affidavit, if any, may be filed within two weeks, thereafter.

List thereafter.

However, if the petitioner deposits the amount as is payable under Section 129(1)(a) of the GST Act, the goods and the vehicle shall be released.