PER T.P. NAMBIAR: These are two appeals filed by the above-captioned appellants against a common order passed by the Collector of Customs, Calcutta in Order No. 41/95 (Collr.) dated 2.2.5.1995. The appellant, Shri Sanjeeb Khanna is the

Proprietor of the other appellant company, M/s. Shilpi Exports. In terms of the impugned order, the Firm namely, M/s. Shilpi Exports are imposed with a penalty of Rs. 50.00 lakhs under Section 114 and a penalty of Rs. 15,000.00 was imposed on its proprietor who is the appellant, Shri Sanjeeb Khanna.

2. The facts of the case are that the appellants through their clearing agents, M/ s. M. Dutta Agency filed four Shipping Bills for export of 100% Mulberry Silk Superior Printed Ties to M/s. H.N.D. Kapur Textiles Ltd., Cheshire, SK 57NB, U.K. declaning the value as Rs. 22,38,251.36, Rs. 22,38,251.36, Rs. 22,38,251.36 and Rs. 32.77,439.50 respectively. The Shipping Bills were noted in Export Department on 25.6. 1993. The goods were examine " by the officers of the Appraising Docks and E.I.B. and were found to be Mulberry Silk Printed Ties. Representative samples were drawn and sealed in the presence of the appellant firm.

3. During the course of enquiry,