What is e-form AGILE?
The Ministry of Corporate Affairs (MCA) has notified e-form known as AGILE -Application for Registration of the Goods and Services Tax Identification Number (GSTIN), Employees’ State Insurance Corporation (ESIC) registration plus Employees Provident Fund Organization (EPFO) registration. It is also known as e form INC 35.
This AGILE form will be a part of SPICE Incorporation e-form and covers three important registration required for every business namely GST Registration, PF Registration and ESI Registration.
By filing e-form AGILE along with SPICE incorporation form at the time of registration, the company would be automatically registered for GST, ESIC and EPFO. It may be noted that in existing regime of filing SPICe, PAN and TAN of company are simultaneously issued.
The notification that came in this regard said that the SPICE shall be accompanied by e-form AGILE with effect from March 31, 2019, as notified by the Government.
The new e-form AGILE is also known as form INC-35. With this e-form any new registering company can apply for GST Registration, ESI Registration and EPF Registration along with company registration in Spice Form.
This will largely benefit many aspiring entrepreneurs who now will not have to deal with different government authorities for various registrations.
Effective dates for applying registrations through e-form AGILE are prescribed as follows :
- For GSTIN: March 31, 2019
- For EPFO: April 8, 2019
- For ESIC: April 15, 2019
FAQs on e form AGILE (Source MCA)
1. Who all can apply for GSTIN through MCA AGILE form?
Any user who intends to incorporate a company through SPICe eform can now also apply for GSTIN through this eform. The application (SPICe) for the incorporation of a company shall be accompanied by a linked e-form AGILE to obtain GSTIN along with other applicable forms.
This process will be applicable only for Companies incorporated by MCA through SPICe application. Other categories of applicants, viz. Tax Deductor, Tax Collector, Casual Taxable person, ISD, SEZ Registration, ISD registration etc. shall follow the existing process of registration through Common Portal for GST registration.
2. Is it mandatory to file INC-35 at the time of submitting SPICe form?
Yes. The application (SPICe) for the incorporation of a company shall be accompanied by a linked e-form INC-35 (AGILE) with effect from 31st March 2019, as notified vide the Companies (Incorporation) Third Amendment Rules, 2019 dated 29th March 2019.
Though, it is optional to apply for GSTIN at the time of incorporating company, filing of INC-35 form along with SPICe form is mandatory.
3. My registered office of business is in State ‘X’ but I want to obtain GSTIN for State ‘Y’. Which state should I select in AGILE form?
The registered office of the proposed company as provided in the SPICe shall be the principal place of business for GST application. Select the same state and district in AGILE form (INC-35) in which the registered office of proposed company exists i.e. enter the same state and district as entered in SPICe form.
4. Where can one find Ward/Circle/Sector No.?
Please refer your state website to know your Ward/Circle/Sector No.
5. Where can one find Center Jurisdiction?
Please refer to: Find Here
6. I want to/do not want to Opt for Composition. How do I make sure my choice is exercised?
There is a checkbox to declare whether you wish to opt for Composition or not. Please make the appropriate choice.
7. How many proposed Directors can I add in the AGILE form?
Details of proposed Directors to be entered in AGILE form would be based on the class, category or sub-category entered in SPICe eform. Number of Directors shall be 1 in case of OPC, 2 in case of private company, 3 in case of public limited company and 5 in case of Producer Company respectively.
Note: The details of such proposed Director entered in AGILE form should match the details as entered in the SPICe form for the same person.
8. Is it mandatory to provide HSN/Service Classification Codes?
You are required to provide HSN code for Goods or Service Classification Code for service.
9. Where can one find HSN Code for the supply of any of the products?
For HSN code: kindly refer to Central Board of Indirect Taxes website under GST Tab (cbic.gov.in) and choose appropriate HSN Code.
10. Where can one find SAC Code for the supply of any of the services?
For SAC code, kindly refer to Central Board of Indirect Taxes website under GST tab (cbic.gov.in) to choose the appropriate Service Classification Code.
11. Who shall sign the AGILE form MCA?
Director. The director who has signed the SPICe eform should sign the AGILE form. Both SPICe form and AGILE form shall be signed by the same director.
12. I do not have a registered office of company at the time of submitting SPICe and other linked forms. Can I apply for GSTIN?
The registered office of the business entity provided in the SPICe will be the principal place of business for GST. GSTIN can be applied only if Address for correspondence is same as address of registered office of the company entered in SPICe form.
13. I have submitted my AGILE form along with SPICe form successfully. When will I receive GSTIN?
Once the company is incorporated at MCA portal and COI and PAN has been successfully generated, required information will be forwarded to GSTN for processing of form. Once the data is successfully validated by GSTN, TRN and ARN would be generated and displayed on MCA Portal. In case of approval / Rejection, GSTN will send GSTIN / Rejected status on mobile number and email of Authorized Signatory.
14. I have received TRN but received the email for validation errors. Where do I need to resubmit the corrected form?
In case of validation errors, GSTN will intimate the user to correct and resubmit the form. For this, you are requested to login through TRN at GST portal – gst.gov.in and submit the correct form.
15. When my TRN gets expired. What is the consequence?
TRN expires 15 days after it is generated. You need to submit a fresh application for registration of GST at GST portal.
16. Is there any fee to be paid while applying GSTIN?
17. What is the maximum upload size of AGILE form?
Tags :Corporate Law