There is no doubt that the Ministry of Corporate Affairs (MCA) has made numerous adjustments to its regulations for the process of company incorporation so as to improve the easiness in the corporate compliances. Recently on 29th March 2019, MCA has made several amendments to the Companies (Incorporation) Rules, 2014. These are hereby referred to as Companies (Incorporation) Third Amendment Rules, 2019.
From 31st March 2019, every one of the companies have to file an application for company incorporation in SPICe structure alongside form AGILE.
What is importance of AGILE form?
The AGILE Form is a MCA form which will henceforth be accompanied with SPICe structure for company arrangement.
- AGILE is an abbreviation for 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).
- In this background, MCA has now brought in another rule 38(A) in the Companies (Incorporation) Rules, 2014. As per this rule, a new form INC-35 (AGILE) has been introduced.
- This form has been made effective from 31st March 2019, as notified through the Companies (Incorporation) Third Amendment Rules, 2019.
Who can get a GST Registration through form AGILE?
Anyone who wishes to set up a company through SPICe form with a registered office address can now additionally select GST Registration through the AGILE Form.
- Besides, he can likewise choose to get an Establishment code from EPFO just as an ESI registration with this form.
- However, through form AGILE this option will be applicable just for those businessmen who have opted for company arrangement through the SPICe structure.
Who can’t get GST Registration through form AGILE?
Each one of those categories of candidates who can’t get GST Registration through form AGILE are listed below-
- Tax Deductors
- Tax Collectors
- Casual Taxpayers,
- Input Service Distributors (ISD)
- SEZ traders
- Factories that wish to get a PF registration
They will pursue the same process of registration through their respective Common Portal for registration.
When it is mandatory to file form AGILE?
The form AGILE is compulsory to be filed by all those companies that are in the process of being established through SPICe form.
However, while filing form AGILE, it is optional to apply for GST registration, PF registration and ESI registration.
Nevertheless, the filing of Form INC-35 (AGILE) together with SPICe is mandatory.
How to take the GST Composition scheme in form AGILE?
Inside the form AGILE, there is an option where you can specify on the off chance that you wish to choose GST registration under Composition scheme.
Which place for GST registration must be entered in form AGILE?
The primary place of business for GST registration is actually the registered office of the proposed company as specified in the SPICe structure.
Now the User has to tick the same state and district in AGILE structure where the registered office of the proposed company is situated.
What number of Directors will be added in AGILE Form?
The Number of proposed directors to be added in form AGILE are as per the following:
- 1 if its OPC
- 2 on account of private limited company
- 3 if it is public limited company and
- 4 in case it’s Producer Company
Critical Note: The details of all the proposed Directors given in the form AGILE ought to be same as given in the SPICe e-form.
Is it compulsory to enter GST HSN/SAC Codes?
Yes, it is compulsory to state the HSN code for the Goods or Service Accounting Code (SAC) for services in the form AGILE.
Who will finally sign the AGILE Form?
The Proposed Director will sign the AGILE Form. This means the director who has actually undersigned the SPICe form will likewise sign the AGILE Form as well.