New E-Form AGILE-INC35 for GSTIN-ESIC and EPFO

Ministry of Corporate Affairs (MCA) under Companies (Incorporation) Third Amendment Rule 2019 dated 29^th March 2019 has notified a new E- form AGILE (INC-35).  With effect from 31st March 2019, Form No INC-35 Agile (is required to be filed as linked forms along with SPICe forms (Form INC-32, form INC-33, Form INC-34).

GSTIN – Goods and Service Tax Identification Number,

ESIC – Employees’ State Insurance Corporation,

EPFO – Employees’ Provident Fund Organization.

• Application for registration of the
• Goods and Services Tax Identification Number (GSTIN),
• Employees’ State Insurance Corporation (ESIC) registration
• pLus
• Employees’ Provident Fund Organisation (EPFO registration).

The Companies incorporated by MCA through SPICe application can applied through e-form AGILE. 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.

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.

The application for incorporation of a company under rule 38 shall be accompanied by e-form AGILE (INC-35) for registration of the -

Goods and Services Tax Identification Number (GSTIN) w.e.f. 31.03.2019

Employees’ State Insurance Corporation (ESIC)  w.e.f. 08.04.2019

Employees Provident Fund Organization (EPFO) w.e.f. 15.04.2019

• Filling of form is mandatory but it is not mandatory to apply for GSTIN. One can select ‘No’ and file the form.
• The address of the registered office of the company, as provided in SPICe application, shall be the principal place of business for GST application as well.
• Enter the state and district in the AGILE form the same as the one in the SPICe form.
• There will be no fees applicable for GSTIN, EPF, and ESIC number.

The details of the proposed Directors to be entered in e-form AGILE (INC-35) would be based on the class, category or sub-category entered in SPICe eform (Form INC-32, form INC-33, Form INC-34). Number of Directors shall be-

• In case of OPC -1
• In case of private company-2
• In case of public limited company-3
• In case of Producer Company-5

Note: The details of proposed Director entered in AGILE form should match the details as entered in the SPICe form for the same persons.

• The AGILE Form must be signed by the 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.

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.