JUDGMENT

A.K. SIKRI, J.

In all these appeals, identical question of law is involved and for the sake of brevity, we are discussing the question of law by taking note of the facts from Civil Appeal No. 2150 of 2012.

2. The appellant/assessee herein, which is a public sector undertaking of the Government of India, has been selling iron and steel products, that are manufactured by it, to the Indian Railways. For this purpose, contract was signed between the said two parties and the goods were being sold to the Indian Railways at the price mutually agreed upon between them. On each removal of these goods for supply to the Railways, the assessee had been paying the excise duty as per the price disclosed by the assessee in the invoices issued at the time of the removal of the goods. Goods in this manner were supplied during the period January, 2005 to July, 2006 which period is involved in the instant appeal. It so happened that there was an upward revision in the price by the Railways in August, 2006 covering the period in question. On that basis, assessee was paid the price difference on the fixation of enhanced consideration for the goods supplied. The assessee paid the differential d