Commercial & Corporate Laws

SMART CONSULTING

Commercial law is a broad field within civil law that specifically governs business, trade, and commerce. It deals with the legal features of businesses, their transactions, and relationships. Corporate law governs the life cycle, rights, and conduct of companies, shareholders, directors, and stakeholders, encompassing formation, governance, funding, and dissolution.

Contractual Disputes

A contract can be verbal, written or implied by the conduct of the parties involved. It’s common to see dispute arising from breach of contract between businesses / individuals. In case of contractual dispute three fundamental issues arise the type of breach, the extent of loss or damage and the remedy available. The aggrieved party may file the suit / claim for Damages, Injunction, Specific Performance, Rescission, Restitution or Quantum Meruit. We provide consultation & represent our client’s in the matters involving / pertaining to any dispute arising out of a Contract.

Commercial Disputes

A commercial dispute is a legal disagreement between two or more business entities which can include claims for breach of contract, fraud, intellectual property, privacy, product liability, real estate & shareholder disputes. We provide consultation & represent our client’s in the matters involving / pertaining to Commercial Dispute.

Debt Recovery

Debt recovery is a multifaceted process that involves legal intricacies and a deep understanding of financial regulations. Businesses can find themselves entangled in a web of complexities when attempting to recover outstanding debts without professional guidance. We provide consultation & represent our client’s in the matters involving / pertaining to Recovery of Debt.

Arbitration

Arbitration resolves disputes by appointing a neutral third party to study the case, receive the evidence & then make a binding decision. We provide consultancy & represent our client’s in the matters involving / pertaining to Arbitration.

GST & Customs Law

We provide expert advice on the applicability of GST laws to specific business transactions, classification of goods/services (HSN/SAC codes), and optimizing the use of Input Tax Credit (ITC). We represent clients before the authorities, draft comprehensive replies to notices, summons, and show-cause notices (SCNs), and manage the appeal process.

We also advise businesses on complex import/export regulations, ensuring compliance, minimizing duties, and handling disputes like valuation or classification issues, representing clients before authorities (like DRI, CESTAT) in investigations, litigation (penalties, seizures), and providing strategic advice on trade agreements, duty reliefs, and proactive risk management to avoid legal issues in cross-border trade.

Company Law

Our role includes –

Legal Opinion and Advice: Providing legal opinions on complex business issues, interpreting relevant company law provisions, and advising on potential legal risks.

Litigation Support: Representing companies in legal proceedings related to company law violations or disputes with stakeholders.

Intellectual Property Rights

We help in filing application, countering opposition & getting registered Trademarks, Copyrights, and Patents. We also provide the service of drafting & vetting of Agreements related to Licensing / Assignment of Intellectual Property Rights. In case of dispute related to intellectual property infringement, we provide consultation & represent our client’s.

Foreign Exchange Management Act

We provide –