GAUHATI HIGH COURT [Mahesh Kumar Agarwala V/s The Union of India]
The assessee filed a writ petition challenging a section 74 CGST order dated 30.09.2025 confirming Rs. 7,59,52,817/- demand with interest and penalty for alleged wrongful ITC, contending that section 74 was wrongly invoked and seeking permission to file statutory appeal without the mandatory 10% pre-deposit. The revenue pointed to findings of misstatement/suppression linked to fake invoices and absence of e-way bills. The Gauhati High Court held the order was reasoned, refused to waive statutory pre-deposit, and dismissed the writ, leaving merits open for appeal.