Plea claiming PM-CARES Fund as public authority non maintainable: PMO to SC

Solicitor General Tushar Mehta appearing for the PMO raised questions on the maintainability of the petition and has also sought the court's permission to file an affidavit in response to the same. After hearing the matter, a single judge bench of the court presided by Justice Navin Chawala has posted the matter for hearing on August 28. Petitioner Samyak Gangwal approached the High Court challenging the order of Central Public Information Officer (CPIO) whereby it had refused to provide some documents relating to the PM-CARES Fund stating that the same is not a "public authority".

The petition, filed through advocates Debopriyo Moulik and Ayush Shrivastava, said as a measure to combat COVID-19 pandemic, the PMO on March 28, through a press note announced the creation of a public charitable trust by the name of Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund (PM-CARES Fund).

In the press release, the PMO appealed to the citizens of the country to generously donate to the PM-CARES Fund in light of severe health and economic ramifications of the COVID-19 pandemic, it said, adding that the donations in the fund would qualify as CSR and exemption from tax.

"The registration of PM-CARES Fund for purposes of income tax exemptions, obtaining PAN, forming a public charitable trust and entrusting the management to the highest functionaries of the Government, in itself qualifies as 'order made by the appropriate government. The act of the Government in granting tax exemptions to the PM-CARES Fund under the Income Tax promulgating The Taxation and Other Laws Certain Provisions) Ordinance, 2020 qualifies as 'order made by the appropriate government," the plea said. (IANS)

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