FAQs On AGILE Form of MCA for Incorporation of Companies

FAQs On AGILE Form of MCA for Incorporation of Companies Another step has been taken by government to promote ease of doing business. Compan

CA Deepak Gupta

Apr 19, 2019

Last update on Apr 19, 2019

FAQs On AGILE Form of MCA for Incorporation of Companies

Another step has been taken by government to promote ease of doing business. Companies can now get GSTN, EPFO and ESIC registration at time of incorporation itself.

Application for registration of the Goods and Service Tax Identification Number (GSTIN), Employees State Insurance Corporation (ESIC) registration and Employees Provident Fund Organisation (EPFO) registration can be made at time of incorporation of a company by filing e- form AGILE (INC 35) along with incorporation forms.

FAQs On AGILE Form of MCA for Incorporation of Companies

1. Who all can apply for GSTIN through AGILE form

Any user who intends to incorporate a company through SPICe eform having registered office address can now also apply for GSTIN through this eform. The application (SPICe) for 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 shall follow the existing process of registration through their respective Common Portal for registration.

2. Is it mandatory to file INC-35 at the time of submitting SPICe form

Yes. The application (SPICe) for 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/ Establishment code as issued by EPFO/Employer Code as issued by ESIC 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 yourWard/Circle/Sector No.

5. Where can one find Center Jurisdiction

Please refer to

https://www.aces.gov.in/STASE/ui/jsp/common/statelocation.do

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

Yes. 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 (www.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 (www.cbic.gov.in) to choose the appropriate Service Classification Code.

11. Who shall sign the AGILE form

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 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 www.gst.gov.inand 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/EPFO service

No.

17. What is the maximum upload size of AGILE form

6MB.

18. Who all can apply for EPFO service through AGILE form

Any user who intends to incorporate company through SPICe eform can now also apply for Establishment code issued by Employees Provident Fund Organisation through this eform. User is required to file eform SPICe along with eform SPICe MOA (INC-33) and eForm SPICe AOA (INC-34) and AGILE form to obtain Establishment code. This process will be applicable only for Companies incorporated by MCA through SPICe application. Factories intending to obtain Establishment code as issued by EPFO shall follow the existing process of registration through their respective Common Portal for registration.

19. Which all services can be applied through AGILE form

User can apply for GSTIN / Establishment code issued by EPFO/ Employer Code as issued by ESIC or all the services through AGILE form.

20. I have submitted my AGILE form along with SPICe form successfully. When will I receive Establishment Code

Once the company is incorporated at MCA portal and COI and PAN has been successfully generated, required information will be forwarded to EPFO for processing of form. Once the data is successfully validated by EPFO, Establishment Code would be generated and displayed on MCA Portal.

21. From where can one find the prescribed format of Specimen signature

Please download the format of Specimen signature from below mentioned link:

Download

22. Who all can apply for ESIC service through AGILE form

Any user who intends to incorporate company through SPICe eform can now also apply for Employer Code as issued by Employees State Insurance Corporation through this eform. User is required to file eform SPICe along with eform SPICe MOA (INC-33) and eForm SPICe AOA (INC-34) and AGILE form to obtain Employer code.

This process will be applicable only for Companies incorporated by MCA through SPICe application. Factories intending to obtain Employer code as issued by ESIC shall follow the existing process of registration through their respective Common Portal for registration.

23. I have submitted my AGILE form along with SPICe form successfully. When will I receive Employer Code

Once the company is incorporated at MCA portal and COI and PAN has been successfully generated, required information will be forwarded to ESIC for processing of form. Once the data is successfully validated by ESIC, Employer Code would be generated and displayed on MCA Portal.

24. From where can one find the guidelines for registration under ESI Act.1948

Please download the guidelines for registration under ESI Act.1948 from below mentioned link:

Guidelines for Registration under the ESI Act 19

About Author

CA Deepak Gupta

Co Founder

CA Deepak Gupta,is Co-founder of Studycafe. He is Microsoft Office Specialist and Corporate Trainer of AI Tools, Microsoft Excel. He is Finance Influencer having more than 250K followers on Social Media. CA Deepak Gupta, is Having more than 14 plus years of experience, and he has Worked with best brands Like, Hero, Wipro, Ericsson before Starting Studycafe. He has Trained more than 20000 Persons in Microsoft Excel, PowerPoint, Power BI, Google Sheet, Google Forms and Other Tools.