Form INC-35: Application for Goods and services tax Identification number, employees state Insurance corporation registration pLus Employees provident fund organisation registration (AGILE)

1. Law(s) Governing the eForm AGILE INC-35

eForm AGILE INC-35 is required to be filed pursuant to rule 38(A) of the Companies (Incorporation) Rules, 2014. The application for incorporation of a company under rule 38 (A) shall be accompanied with e-form AGILE (INC-35).

2. Purpose to file the eForm

Any user who intends to incorporate company through SPICe eform can now also apply for GSTIN / Establishment code as issued by EPFO through this eform (INC-35). User is required to file application (SPICe) for incorporation of a company accompanying linked e-form AGILE “Application for Goods and services tax Identification number, employees state Insurance corporation registration pLus Employees provident fund organisation registration” along with eform SPICe MOA (INC-33) and eForm SPICe AOA (INC-34) to obtain GSTIN / Establishment Code.

This process will be applicable only for Companies incorporated by MCA through SPICe application. Other categories of applicants (Tax Deductor, Tax Collector, Casual Taxable person, ISD, etc.) for GSTIN shall follow the existing process of registration through Common Portal for GST registration

Similarly, other type of establishment such as Factory shall follow the existing process of registration through Common Portal for EPFO registration

3. Instructions to fill the eForm

3.1 Specific Instructions to fill the eForm AGILE (INC-35)

Instructions to fill the eForm are tabulated below at field level. Only important fields that require detailed instructions to be filled in eForm are explained. Self-explanatory fields are not discussed.

SL No. / Section Name Field Name Instructions
1 Do you want to apply for additional services like GSTIN / EPFO Applying for GSTIN / EPFO at the time of incorporation is not mandatory.

In case you wish to apply for any additional services at the time of incorporation, user can select the type of service and proceed.

Based on service checkbox selected by user, all the relevant fields as applicable to the respective service shall be displayed in editable mode in the form.

3 State Select the state for which GST / EPFO registration needs to be obtained.

Please note that it should be same as entered in SPICe eform.

4 District Select the district in which user need to apply for GSTIN / EPFO.

Please note that it should be same as entered in SPICe eform.

5 State Jurisdiction  Sector / Circle / Ward /Charge / Unit Select the value from the dropdown – Sector / Circle / Ward /Charge / Unit

In case you do not know state jurisdiction, please refer your state website to know your Sector / Circle / Ward /Charge / Unit.

6 Centre Jurisdiction In the Commissionerate Code, Division Code and Range Code drop-down list, select the appropriate value.

Please refer to

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

8 Whether the  Establishment On
Lease
Select ‘Yes’ in case Establishment is on lease or else ‘No”.

In case of ‘Yes’

Enter Leased From Date to date.

9 Option for Composition Select ‘Yes’ in case you want to opt for the composition scheme, or else select No.

In case of Yes

Select the checkbox for accepting the declaration for opting for Composition.

Select the “Category of Registered Person” opting for composition

10 Nature of Business Activity being carried out at above mentioned Premises Select the checkbox for “Nature of Business Activity” being carried out.

Multiple checkbox can be selected.

A Primary Business
Activity
Select the Primary Business Activity as applicable.
11 Details of the Goods supplied by the Business

HSN code (4 Digit)

For HSN code: kindly refer HSN Code as provided on CBIC website (www.cbic.gov.in ) and enter the HSN

Code and click on prefill button

Description shall be auto populated based on HSN entered

12 Details of Services
supplied by the
Business.
For SAC code: kindly refer SAC Code as provided on CBIC website  (www.cbic.gov.in ) and enter the SAC Code and click on prefill button

Description shall be auto populated based on HSN entered

13 Director / Primary
Owners Details Number of Director / Primary Owner details to be entered
1. Enter the number of director / Primary Owners details. Based on the number entered, blocks would be generated dynamically.

2. Value to be entered in this field shall be less than or equal to 5

3. Minimum number of proposed directors’ details to be entered for OPC shall be 1, 2 in case of private company, 3 in case of public limited company and 5 in case of Producer Company.

13 A Enter Director / Primary Owners details who is also an Authorised Signatory Note: Details of the Proposed Director / Primary Owner who will act as the Authorised signatory for the purpose of applying GSTIN / EPFO shall be entered here.

Note that the details of such proposed director entered here should match the details as entered in the SPICe form for the same person.

Note that the Director / Primary Owners cum Authorised signatory must have valid PAN and he must be Citizen & Resident of India.

Either DIN / PAN should be entered.

In case DIN is entered, click on Prefill button. PAN and applicant’s full name will be prefilled based on / Primary Owners the information available in the MCA records.

In case PAN is entered, all details must be entered by the applicant.

Enter valid Indian mobile number and email Id and click on “Send OTP” button.

Enter the OTP sent on mobile number and email id as entered above and click on Verify button.

Attach Photo of proposed director cum authorised signatory.

– Size of photo shall not exceed 100KB.

– Only .JPG format is allowed.

13 (B) Director Details / Primary Owners other than Authorised Signatory Note: Details of the Proposed Director / Primary Owner other than Authorised signatory mentioned in 13 (A) above but limited to 1 in case of private (other than OPC), 2 in case of public and 4 in case of producer company shall be entered here.

Note that the details of such proposed director entered here should match the details as entered in the SPICe form for the same person.

Attach Photo of proposed director other than authorised signatory.

– Size of photo shall not exceed 100KB.

– Only .JPG format is allowed.

Attachments Proof of Principal place of business Attach the proof of principal place of business based on the value selected in field 8 (a).

Maximum Size of document to be attached

· Property Tax Receipt – 100 KB

· Municipal Khata copy – 100KB

· Electricity Bill – 100 KB

· Rent/ Lease Agreement – 2MB

· Consent Letter – 100KB

· Rent receipt with NOC (In case of no/expired agreement) – 1MB

· Legal ownership document – 1MB

Document should be attached in PDF. .

Proof of appointment of Authorized Signatory Attach the proof for appointment of Authorised signatory.

Maximum Size of document to be attached

· Letter of Authorisation – 100 KB

· Copy of Resolution passed by BoD/Managing

Committee and Acceptance letter – 100KB

Download the format of Specimen Signature from below mentioned link, Fill the requisite information as applicable, scan it and attach the same in AGILE form.

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

Declaration Declaration shall be made by director / Primary Owner who is also an Authorised Signatory
To be Digitally Signed By

 

DSC Ensure that the eForm is digitally signed by the  Proposed Director / Primary Owner who has signed the SPICe eform. Both SPICe form and AGILE form shall be signed by same director who is also the authorised signatory.

The eForm should be digitally signed by Authorised Signatory who is citizen and resident of India and have PAN.

3.2 Common Instructions to Fill the eForm

Buttons-particluars

Image

4. Important Points for Successful Submission

4.1 Fee Rules

The following table illustrates the Fee Rules for AGILE (INC-35).

S. No. Purpose of the form Normal Fee Additional Fee (Delay Fee) Logic for Additional Fees Remarks
Event
Date
Time limit (days) for filing
1. Application for Goods and services tax, employees’ state Insurance corporation pLus Employees provident fund organisation No fee NA NA

4.2 Processing Type

The form will be processed in Non-STP mode.

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