N.H. Bhagwati, J. - (1.) The petitioners are a firm carrying on business on a very large scale of making and selling bidis having their head office in Jabalpur in the State of Madhya Pradesh. They are registered as "dealer" for the purpose of the Central Provinces and Berar Sales Tax Act, 1947.
(2.) In the course of their said business, the petitioners import tobacco from the State of Bombay in very large quantities after it is blended in that State by the vendors with various other types of indigenous tobacco by an elaborate process. This finished tobacco, after its import within the State of Madhya Pradesh is rolled into bidis which are exported to various other States, largely to the State of Uttar Pradesh. The dealers in the State of Uttar Pradesh and such other States who buy bidis from the petitioners sell the same to various other dealers and consumers in those States.
(3.) The Sales Tax authorities in the State of Madhya Pradesh required the petitioners under threat of criminal prosecution to file a statement of return of the total purchases of tobacco made by them out of Madhya Pradesh and delivered to them in Madhya Pradesh with a view to assess and levy purchase tax on the transactions of purchases made by the petitioners as above. The petitioners filed under the protest two returns dated the 11th September 1934 and 3rd December 1954 for the periods 3rd May 1934 to 29th July 1954 and 30th July 1934 to 26th October 1954 respectively but without prejudice to their right to challenge the validity of the assessment and levy of the paid tax on the aforesaid transactions. The sales Tax authorities further called upon the petitioners to deposit the alleged purchase tax which amounts to thousands of rupees in every quarter of the year.;