Page 176 - GSTL_21st May 2020_Vol 36_Part 3
P. 176

422                           GST LAW TIMES                      [ Vol. 36
                                                 of donors, including but not limited to HLA typing data required
                                                 for donor and patient matching.
                                            (n)  With the help of upsurge in the details of potential donors in the
                                                 global database, the chances of patients finding a suitable match in-
                                                 creases to  a large extent, thereby,  increasing the chances of blood
                                                 cancer treatment. It is also pertinent to note than the entire purpose
                                                 of the said database is assisting in treatment of patient’s blood can-
                                                 cer and other blood disorders.
                                            (o)  After, a donor has been identified as a match, because, he/she has
                                                 the same tissue type as a patient in need of a transplant, the appli-
                                                 cant facilitates the process leading to blood stem cell  donation. It
                                                 provides comprehensive post donation support  and monitors  the
                                                 short-and long-term health of adult  unrelated volunteer donors
                                                 who have provided hematopoietic stem cells.
                                            (p)  To allow a donor patient matching and facilitate the process leading
                                                 to blood  stem cell donation, the  applicant procures certain goods
                                                 and services from India/outside India. One such service is the HLA
                                                 testing service, which is procured by the applicant  in India  from
                                                 DKMS Life Science Lab GmbH in Germany (hereinafter referred to
                                                 as ‘LSL DE’).
                                            (q)  HLA testing, also known as HLA typing or tissue typing service, is
                                                 a DNA test that identifies transcriptions of antigens on the surface
                                                 of cells and tissues. It is used to match a transplant recipient with a
                                                 compatible donor.
                                                 HLA testing Services involve currently the following kinds of test-
                                                 ing :
                                                  (a)  General Testing of HLA-A, -B, -C, -DRB, -DOB, -DPB
                                                  (b) Blood Group Testing
                                                  (c) CCR5 Testing
                                                  (d) KIR Testing
                                                  (e)  CMV IgG Antibody Testing.
                                     The applicant has entered into an agreement with LSL DE to provide the said
                                     laboratory testing services to the applicant.
                                            5.  Regarding the question for the advance ruling, the applicant states as
                                     under :
                                            5.1  On the background of the activities carried out by the applicant
                                            (a)  The first and integral step of identifying the HLAs of potential do-
                                                 nors by creating a registry/database of potential donors: DKMS-
                                                 BMST conducts various programs, campaigns, drives etc. to create
                                                 awareness about the registry of potential blood stem donors main-
                                                 tained by it and the need for people to register with DKMS-BMST.
                                                 Thus,  in such awareness drives, educational drives etc., DMKS-
                                                 BMST collects samples of buccal swabs/human DNA from potential
                                                 donors in India, marks each swab with a donor ID and sends these
                                                 samples to LSL DE, Germany. To provide for the required HLA typ-

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