Analysis of the Court Decision:
1. Subject of Dispute: Challenging the accrual of penalties for violation of settlement terms in foreign currency during the quarantine period.
2. Main Arguments of the Court:
The Supreme Court deviated from its previous legal position and indicated that penalties for currency transactions during quarantine are calculated on general grounds. The court argued that:
– The Law “On Currency and Currency Transactions” is a special law
– The moratorium on penalty accrual from the Tax Code does not apply to currency transactions
– The legislator did not amend the law on currency transactions regarding exemption from penalties
The introduction of martial law also cannot be considered force majeure for non-transfer of funds.
3. Court Decision: To cancel the resolution of the appellate court and refer the case for a new review to the appellate instance to establish all circumstances of the case.
