( 1 ) PETITIONER No. 1 is a company incorporated under the Indian Companies Act, 1956, which is carrying on the business of manufacturing and dealing in R. C. C. poles, sleepers and similar other items. On 15th November, 1976 the petitioner entered into a contract with railways for the manufacture and supply of mono block concrete sleepers. One of the clauses of the said contract was that the petitioner No. 1 will be paid Rs. 135 per piece inclusive of all labour and material excepting for malleable cast iron inserts and fastenings, which were to be supplied free by the said Railway Board. Clause 6. 3 of the aforesaid contract specifically stated that any taxes and duties leviable on the said concrete sleepers from time to time was to be, and is to the said railway Boards Account. In terms of clause 6. 4 of the said contract, the malleable inserts were to be supplied free of cost to the petitioner No. 1

( 2 ) ON 1st August, 1981, the respondent No. 2, Superintendent, Customs and Central Excise, mathura, besides other things, intimated petitioner No. 1 that no documents have been shown so as to know the value of the inserts supplied by the railways which were most es