Dismissing the appeal of the revenue the Court held that the Tribunal is justified in holding that , in terms of the provisions of section 32(2) read with sections 71 , 72 and 73 the total depreciation which comprised of the depreciation of the relevant assessment year along with the unabsorbed depreciation of the earlier years became the total current year’s depreciation which was allowed to be set off against income under any head of income including long-term capital gains, that in terms of the provisions of section 72 the unabsorbed business loss (other than speculative loss) of earlier years shall be allowed to be set off only against the profits and gains from business carried on by the assessee of the current year and so on and dismissed the appeal filed by the Department. ( AY.2008-09)