Adarsh Kumar Goel, J. - This matter has been placed for hearing before us in pursuance of order of the honourable Supreme Court dated July 14, 2006 in C.A. No. 3453 of 2002 and connected matters reported in Jindal Stainless Limited v. State of Haryana [2006] 7 SCC 271 [hereinafter referred to as "Jindal Stainless Limited (3)"].

Appeals before the honourable Supreme Court arose from the judgment of this court dated December 21, 2001, Jindal Strips Limited v. State of Haryana reported in [2003] 129 STC 534 (P&H).

When the appeal against judgment of this court was placed for hearing before a Bench of the honourable Supreme Court, correctness of the view taken by the honourable Supreme Court in earlier judgment in Bhagatram Rajeev Kumar v. Commissioner of Sales Tax [1995] 96 STC 654; [1995] Supp. 1 SCC 673, which was followed in State of Bihar v. Bihar Chamber of Commerce [1996] 103 STC 1 (SC); [1996] 9 SCC 136, was doubted and the matter was referred to a Constitution Bench to decide with certitude, the parameters of the judicially evolved concept of compensatory tax vis-a-vis article 301 of the Constitution. The said order dated September 26, 2003 is Jindal Stripe Ltd. v. St