Prabhu Shanker Mishra, J.

1. A learned single Judge of this Court has referred these two cases to a Division Bench recording in his order, "I consider that the questions involved are of great significance and considerable importance." Except differing in a few descriptions and details about payment of the excise duty, these two cases involve common questions for determination. They have, accordingly, been heard by us one after the other and are being disposed of by this common judgment.

2. The petitioner in C.W.J.C. No. 337 of 1981 (R), namely, Tata Yodogawa Limited, Jamshedpur (hereinafter to be called as "Tayo") owns a factory at Adityapur in the city of Jamshedpur where ingots are manufactured out of the scraps received from the main works of the Tata Iron and Steel Company Limited (hereinafter described as "Tisco"), the petitioner in C.W.J.C. No. 338 of 1981 (R). They received the scraps under an agreement to convert the scraps belonging to the Tisco into steel ingots in which agreement the scraps as well as ingots remain the property of Tisco. The Tisco which obtain the scraps in their main works which is an integrated steel plant and admittedly the scraps fulfil the d