AGILE eForm – Introduction, Tax Registrations and Highlights

Last Updated at: July 11, 2020
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AGILE e-form
AGILE eForm – Introduction, Tax Registrations and Highlights
In March 2020, the MCA has notified an AGILE (INC-35) form to speed up the company registration process. From now on, companies need to file this form along with the SPICE form. This new process will complete the registration of a company within 72 hours, provided they have ESIC, EPFO and GSTIN registration already.

 

To enhance the convenience in business compliance, the Ministry of Corporate Affairs (MCA) keeps making frequent amendments to the provisions for company incorporation. This is an effort from the MCA to make the registration process simple, fast, and centralized. Presently, the MCA requires the company to fill the form SPICe for its incorporation.

The MCA has made numerous amendments to the Companies (Incorporation) Rule, 2014 as recently as on 29th March 2019. The changes make the Companies (Incorporation) Third Amendment Rules, 2019. Within the same context, MCA has introduced a new rule 38(A) for the Companies (Incorporation) Rule, 2014. Under this new rule, a new e-form has been added, which is referred to, as the e-form INC-35 (AGILE). This rule is applicable from the date of its publication in the official gazette, i.e., 29th March 2019.

WHAT IS E-FORM AGILE?

Through the e-form AGILE, a company registering an application can apply for GST registration, ESI registration, and EPF registration along with the company registration in SPICe form. The e-from AGILE is an e-form, introduced by the MCA which will now onwards accompany the SPICe form for company registration. The word AGILE is an acronym, and it stands for Application for Registration of Goods and Services Tax Identification Number (GSTIN), Employees’ State Insurance Corporation (ESIC) registration plus Employees’ Provident Fund Organization (EPFO registration).

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APPLICATION OF GST REGISTRATION THROUGH E-FORM AGILE

A business owner who has the wish to set up a company through SPICe e-form having a registered office address has now the option of filing for GST registration through the e-form AGILE. Apart from this, the business owner also has the option of getting an Establishment code from EPFO and also getting an ESI registration with this e-form. However, only those business owners have the option of filing the e-form AGILE who have opted for company formation through the SPICe form.

COMPANIES WHICH CAN’T GET GST REGISTRATION THROUGH E-FORM AGILE

There are specific categories of applicants that can’t get GST registration through e-form AGILE, which are as stated below:

  • TAX Deductors under GST
  • TAX Collectors under GST
  • Casual Taxable person
  • Input Service Distributors
  • SEZ Traders
  • Factories which intend to apply for PF registration

All the above categories of applicants will continue to follow the existing process of registration via their respective Common portal of registration.

IS IT MANDATORY TO FILE E-FORM AGILE?

The companies must fill the e-form AGILE. This will help them to get incorporated through SPICe form. It is mandatory for them. It is optional to apply for GST registration, PF registration, and ESI registration while filing an e-form AGILE by a company. Anyhow, filing Form INC-35 (AGILE) is mandatory along with SPICe form. The principal place of business for GST application shall be the registered office of the proposed company as provided in SPICe. Also, the companies must choose the same state and district have to be selected in the AGILE form. The state mentioned must be where the proposed company is established. 

APPLYING FOR GOOD AND SERVICES TAX IDENTIFICATION NUMBER (GSTIN) THROUGH E-FORM AGILE

Any businessman, who wishes to incorporate a company through SPICe form can apply for GSTIN through e-form AGILE. A linked e-form AGILE is added along with the application (SPICe) for the company incorporation to obtain GSTIN accompanied by other applicable forms. Only a company established by MCA through SPICe application must follow this process.

DETAILS TO BE PROVIDED IN THE AGILE E-FORM

The companies must provide the following information in the form:

  • The jurisdiction details.
  • Information about company property holdings and rents.
  • The justification for availing registration.
  • Information on supplied goods and services.
  • Business nature conducted at the premises.
  • The option to pick a composition levy for or against.
  • Director’s and principal owners/office bearers information.
  • Employers information.
  • In addition to including this information, the form will also contain each of the documentation mentioned below as an attachment.
  • Authorization letter. 
  • Copy of the resolution approved along with the letter of approval by the BoD/management committee.

DETAILS OF PROPOSED DIRECTORS IN AGILE FORM

The class, category or sub-category entered in SPICe e-form forms the base for the proposed Director’s details. The applicant must enter the proposed Director’s details in the AGILE form. An OPC will have 1, a private company will have 2, a public limited company will have 3 and a production company will have 4 directors. The details of a proposed Director entered in AGILE form should match the details for the same person as mentioned in SPICe form.

SIGNING OF THE AGILE FORM

The Director must sign the AGILE form. The Director, who has signed the SPICe e-form must approve the AGILE. The same Director should sign both the SPICe form and the AGILE form.

HOW IS THE GSTIN RECEIVED

When an applicant incorporates their company at the MCA portal, the Certificate of Incorporation (COI)and PAN are generated successfully. The portal then forwards the relevant information to Goods and Service Tax Network (GSTN) for processing of the form.

A Temporary Reference Number (TRN) and Acknowledgement Reference Number (ARN) is generated and displayed on the MCA portal once the data is successfully validated.

The GSTN will send GSTIN / Rejected status on the mobile number and email of the authorized signatory. The GST body does this in both cases of approval and rejection.

 

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AGILE eForm – Introduction, Tax Registrations and Highlights

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In March 2020, the MCA has notified an AGILE (INC-35) form to speed up the company registration process. From now on, companies need to file this form along with the SPICE form. This new process will complete the registration of a company within 72 hours, provided they have ESIC, EPFO and GSTIN registration already.

 

To enhance the convenience in business compliance, the Ministry of Corporate Affairs (MCA) keeps making frequent amendments to the provisions for company incorporation. This is an effort from the MCA to make the registration process simple, fast, and centralized. Presently, the MCA requires the company to fill the form SPICe for its incorporation.

The MCA has made numerous amendments to the Companies (Incorporation) Rule, 2014 as recently as on 29th March 2019. The changes make the Companies (Incorporation) Third Amendment Rules, 2019. Within the same context, MCA has introduced a new rule 38(A) for the Companies (Incorporation) Rule, 2014. Under this new rule, a new e-form has been added, which is referred to, as the e-form INC-35 (AGILE). This rule is applicable from the date of its publication in the official gazette, i.e., 29th March 2019.

WHAT IS E-FORM AGILE?

Through the e-form AGILE, a company registering an application can apply for GST registration, ESI registration, and EPF registration along with the company registration in SPICe form. The e-from AGILE is an e-form, introduced by the MCA which will now onwards accompany the SPICe form for company registration. The word AGILE is an acronym, and it stands for Application for Registration of Goods and Services Tax Identification Number (GSTIN), Employees’ State Insurance Corporation (ESIC) registration plus Employees’ Provident Fund Organization (EPFO registration).

Ask for Free Legal Advice

APPLICATION OF GST REGISTRATION THROUGH E-FORM AGILE

A business owner who has the wish to set up a company through SPICe e-form having a registered office address has now the option of filing for GST registration through the e-form AGILE. Apart from this, the business owner also has the option of getting an Establishment code from EPFO and also getting an ESI registration with this e-form. However, only those business owners have the option of filing the e-form AGILE who have opted for company formation through the SPICe form.

COMPANIES WHICH CAN’T GET GST REGISTRATION THROUGH E-FORM AGILE

There are specific categories of applicants that can’t get GST registration through e-form AGILE, which are as stated below:

  • TAX Deductors under GST
  • TAX Collectors under GST
  • Casual Taxable person
  • Input Service Distributors
  • SEZ Traders
  • Factories which intend to apply for PF registration

All the above categories of applicants will continue to follow the existing process of registration via their respective Common portal of registration.

IS IT MANDATORY TO FILE E-FORM AGILE?

The companies must fill the e-form AGILE. This will help them to get incorporated through SPICe form. It is mandatory for them. It is optional to apply for GST registration, PF registration, and ESI registration while filing an e-form AGILE by a company. Anyhow, filing Form INC-35 (AGILE) is mandatory along with SPICe form. The principal place of business for GST application shall be the registered office of the proposed company as provided in SPICe. Also, the companies must choose the same state and district have to be selected in the AGILE form. The state mentioned must be where the proposed company is established. 

APPLYING FOR GOOD AND SERVICES TAX IDENTIFICATION NUMBER (GSTIN) THROUGH E-FORM AGILE

Any businessman, who wishes to incorporate a company through SPICe form can apply for GSTIN through e-form AGILE. A linked e-form AGILE is added along with the application (SPICe) for the company incorporation to obtain GSTIN accompanied by other applicable forms. Only a company established by MCA through SPICe application must follow this process.

DETAILS TO BE PROVIDED IN THE AGILE E-FORM

The companies must provide the following information in the form:

  • The jurisdiction details.
  • Information about company property holdings and rents.
  • The justification for availing registration.
  • Information on supplied goods and services.
  • Business nature conducted at the premises.
  • The option to pick a composition levy for or against.
  • Director’s and principal owners/office bearers information.
  • Employers information.
  • In addition to including this information, the form will also contain each of the documentation mentioned below as an attachment.
  • Authorization letter. 
  • Copy of the resolution approved along with the letter of approval by the BoD/management committee.

DETAILS OF PROPOSED DIRECTORS IN AGILE FORM

The class, category or sub-category entered in SPICe e-form forms the base for the proposed Director’s details. The applicant must enter the proposed Director’s details in the AGILE form. An OPC will have 1, a private company will have 2, a public limited company will have 3 and a production company will have 4 directors. The details of a proposed Director entered in AGILE form should match the details for the same person as mentioned in SPICe form.

SIGNING OF THE AGILE FORM

The Director must sign the AGILE form. The Director, who has signed the SPICe e-form must approve the AGILE. The same Director should sign both the SPICe form and the AGILE form.

HOW IS THE GSTIN RECEIVED

When an applicant incorporates their company at the MCA portal, the Certificate of Incorporation (COI)and PAN are generated successfully. The portal then forwards the relevant information to Goods and Service Tax Network (GSTN) for processing of the form.

A Temporary Reference Number (TRN) and Acknowledgement Reference Number (ARN) is generated and displayed on the MCA portal once the data is successfully validated.

The GSTN will send GSTIN / Rejected status on the mobile number and email of the authorized signatory. The GST body does this in both cases of approval and rejection.

 

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A lawyer with 14 years' experience, Vikram has worked with several well-known corporate law firms before joining Vakilsearch.