Assessee was an individual deriving income from salaries, income from house property, income from business, income from capital gains and income from other sources. Assessee filed his return of income setting off losses by way of unabsorbed depreciation from head business and profession against income from head salaries.  Tribunal held as per provision of section 71(2A) and explanatory memorandum to Finance Act, 2004 amending provision of section 71(2A) w.e.f. 01.04.2005, losses under head income from business or profession, including unabsorbed depreciation, if any cannot be set-off against income assessable under head salaries  that losses of business and profession, including unabsorbed depreciation. However, there was no restriction, as per provisions of section 72 to carry forward unabsorbed depreciation to subsequent years, therefore, Assessing Officer was directed to allow carry forwarded of unabsorbed depreciation to subsequent years.