Assessee gifted certain amount to his wife who in turn deposited same with a bank in her account.Assessee’s wife earned total interest income  in her hand which included interest income  earned from deposits made with amount gifted by assessee. Bank deducted tax at source  on total interest income.  The assessee included the interest under section 64 and also claimed proportionate credit for tax deduction at source. Lower authorities denied credit of tax deducted at source on ground that mandate of rule 37BA was not fulfilled by assessee’s wife. Tribunal held that merely because assessee’s wife did not furnish declaration to bank in terms of proviso to rule 37BA(2), amount of tax deducted at source, could not be allowed to remain with revenue eternally without allowing any corresponding credit to person who had been subjected to tax in respect of such income.   As substantive provision of section 199 deals with  granting credit for tax deducted at source to other person who is lawfully taxable in respect of such income and rule 37BA is procedural provision which cannot disturb writ of a substantive provision, credit for tax deducted at source  should be allowed to assessee, who had been subjected to tax in respect of interest income.(AY. 2021-22)