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Issues: Whether market cess collected by dealers under section 12 of the A.P. (Agricultural Produce and Live Stock) Markets Act, 1966 forms part of the taxable turnover for levy of sales tax.
Analysis: Amounts recovered by a dealer from the purchaser are includible in turnover where they are merely part of the sale price. By contrast, where the statute authorises or obliges the dealer to collect a specific levy separately and remit it to the concerned authority, such amount is collected under statutory authority and as an agent for onward payment, and it does not constitute part of the price of the goods. On the facts, the market cess was collected under a statutory obligation and was not a component of the dealer's sale consideration.
Conclusion: The market cess did not form part of the taxable turnover and was not liable to sales tax.