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June 10, 2021

All about form AGILE PRO S and FAQs with respect to form AGILE PRO S

by Mahesh Mara in Corporate Law, MCA Circular

All about form AGILE PRO S and FAQs with respect to form AGILE PRO S

The Ministry of Corporate Affairs (MCA) has on the 29th of March notified the launch of a form known as e-form 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). As is suggestive, the form covers three important registration required for a business – namely GSTIN, ESIC and EPFO. By filing eForm AGILE along with SPICE incorporation form at the time of registration, the company would be automatically enrolled for GST, ESIC and EPFO in one go.

What are the attachments required for AGILE form?

The form must include any of the following documents:

  • Letter of authorization.
  • Copy of Resolution passed by the Board of Directors/Managing Committee along with the Acceptance Letter.

What registration can be made by the company through AGILE form?

The following are the registration to be made by the company through AGILE form:

1. GSTIN registration

GSTIN, abbreviated as the GST Identification number, is a legal business identity of an assessee. It draws its similarity with the TIN number issued in the pre-GST era and will be assigned to all businesses registered under the single tax system. GST registration could be performed via the GST Portal or the GST Seva Kendra facilitated by the Government of India.

The number serves its purpose as a mark of GST registration in all invoices addressed to customers. Moreover, it is required for filing GST returns and handling other essentials prescribed by the tax system.

2. Employee State Insurance:

Employees State Insurance, abbreviated as ESI, is a self-financing social security and health insurance scheme meant for Indian workers. It is managed by the Employees State Insurance Corporation (ESIC) in accordance with the regulations of the ESI Act 1948. ESIC is an autonomous corporation statutorily created under the Ministry of Labour and Employment, Government of India.

Factories or establishments with 10 or more employees drawing wages of up to Rs. 21,000 per month are required to register under the initiative. Other than direct employees, the scheme extends to:

  • Employees under the payroll of the company on paid or unpaid leave.
  • A substitute or badli worker employed on wages.
  • Directors who are on the payroll of the company
  • Employees earning more than Rs. 21,00 per month but not in receipt of other benefits.
  • People employed by or through a contractor.

Some of the benefits rendered by the scheme include:

  • Sickness benefits at a rate of 70% in the form of salary.
  • Medical benefits to employees and family members.
  • Maternity benefits to pregnant women.
  • Dependent compensation to the dependents of an employee on instances of death or disability.
  • Funeral expenses.
  • Medical expenses for old age.

Section 1(5) of the ESI Act states that the following entities would be covered under the Act:

  • Shops
  • Restaurants or Hotels engaged in sales
  • Cinemas
  • Road Motor Transport Establishments
  • Newspaper establishments not covered under the Factories Act.
  • Private Educational Institutions

The scheme requires the employer to contribute a sum of 4% of the total monthly salary payable towards the employer while contributing 1% of his. Employees who are earning less than INR 100 per day need not contribute to the scheme.

3. Employees Provident Fund

Employees Provident Fund is a scheme regulated by the Employees Provident Fund Organization (EPFO) that looks after the retirement needs of an employee. EPF registration must be performed by establishments engaged in any industry with twenty or more persons and other establishments notified by the Central Government on this behalf.

4. PTRC registration:

PTRC allows the employer to deduct and deposit professional tax from the salary of its employees and deposit it to government. PTRC certificate is to be obtain by every person who is liable to deduct profession tax of any employee whose monthly salary is above Rs. 7,500/- in Maharashtra. The Certificate of PTRC is to be applied by a person within Thirty days from the date he is liable to pay Professional tax.

Below are some FAQs with respect to AGILE Form

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. It is 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-PRO-S).

Though, it is optional to apply for GSTIN, applying for Establishment code as issued by EPFO, Employer Code as issued by ESIC, Profession Tax registration((in Maharashtra/Karnataka) and opening of bank account are mandatory at the time of incorporating company by filing of INC-35 form along with SPICe+ form.

3. My registered office of business is in State ‘X’ but I want to obtain GSTIN  State ‘Y’. Which state should I select in AGILE-PRO-S 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-PRO-S 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 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-PRO-S form?

Details of proposed Directors to be entered in AGILE-PRO-S 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-PRO-S form should match the details as entered in the SPICe+ form for the same person.

8. Is it mandatory 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 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-PRO-S from?

Director. The director who has signed the SPICe+ eform should sign the AGILE-PRO-S form. Both SPICe+ form and AGILE-PRO-S 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-PRO-S 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 Authorised 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.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/EPFO/ESIC/Professional tax/opening bank account?

No.

17.What is the maximum upload size of  AGILE-PRO-S form ?

6MB.

18. Who all can apply for EPFO service through AGILE-PRO-S 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-PRO-S 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.

Which all services can be applied through AGILE-PRO-S form?

User can apply for Shops and Establishment Registration/ GSTIN / Establishment code issued by EPFO/ Employer Code as issued by ESIC or all the services through AGILE-PRO-S form.

19. I have submitted my AGILE-PRO-S 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.

20. From where can one find the prescribed format of ‘Specimen signature’?

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

http://www.mca.gov.in/Ministry/pdf/specimensignature_07042019.pdf

21. Who all can apply for ESIC service through AGILE-PRO-S form?

Any user who intends to incorporate company through SPICe+ eform shall 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-PRO-S 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.

22. I have submitted my AGILE-PRO-S 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.

23. 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.pdf

24. Is Opening of Bank Account mandatory for all companies?

Yes. All new companies incorporated through SPICe+ (w.e.f 23rd February 2020) would also be mandatorily required to apply for opening the company’s Bank account through the AGILE-PRO-S linked web form.

25. How many Banks have been integrated through AGILE-PRO-S?

Presently, State Bank of India, Punjab National Bank, HDFC, Kotak, Bank of Baroda, UBI, IndusInd, Axis and ICICI Bank have been integrated with AGILE-PRO-S for opening a Bank account. Gradually many Public and Private Sectors Banks would also be integrated with AGILE-PRO-S. Suitable updates in this regard would be published on the MCA portal and FAQs.

26. I have submitted my AGILE-PRO-S along with SPICe+ form successfully. When will I receive bank account number?

Once the company is incorporated at MCA portal and COI and PAN has been successfully generated, required information will be forwarded to respective bank for processing of form. Once the data is successfully validated by bank, account number would be generated and communicated by the respective bank to newly incorporated company’s/Authorized signatory’s email id.

27. Is Professional tax registration mandatory for all companies?

No. Professional tax registration is mandatory only for new companies incorporated in the State of Maharashtra, Karnataka and West Bengal.

28. Is Shops and Establishment registration mandatory for all companies?

No. Shops and Establishment registration is optional. Also, it is available only for new companies incorporated in the State of Delhi. But, it is recommended to OPT for registration as no first time registration will be provided by Labour department portal.

29. I have submitted my AGILE-PRO-S form along with SPICe+ form successfully and opted for Shops and Establishment Registration. When will I receive registration number?

Once the company is incorporated at MCA portal and COI and PAN has been successfully generated, required information will be forwarded to Labour department for processing of form. Once the data is successfully validated by them, registration number would be generated.

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