Conversion of Ex-Bond Bill of Entry into Into-Bond Bill of Entry allowed if no revenue loss or fraud. Duty payable upon clearance, excess refundable.

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....The case involved the conversion of Ex-Bond Bill of Entry into Into-Bond Bill of Entry u/s 46(5) of the Customs Act. The appellant initially filed Bills of Entry for warehousing but later sought to convert them for home consumption without fulfilling necessary conditions. The Tribunal held that Section 46(5) can permit such conversion if there is no revenue loss or fraudulent intent. As no duty was paid and no clearance order issued, the appellant's request for conversion was considered valid. The appellant is liable to pay duty and interest as per Section 61(2) upon clearance. Any excess duty paid is refundable with interest. The appeal was disposed of in favor of the appellant.....