Rajamannar, C.J.- We are in entire agreement with the learned Judge that the Proviso to rule 7 of Schedule IV of the Madras City Municipal Act was obviously intended for the benefit of the assessee and if the application of the Proviso was not likely to be of assistance to the assessee, he is not compelled to resort to the Proviso. The Corporation can then assess the company only under the main rule itself on the basis of paid up capital. If on account of this the Corporation is likely to lose revenue because companies with a low capital have been able to transact business, the gross income from which is considerable, the only remedy is to have the rule or Act amended. As it stands, the Proviso aforesaid is only intended for the benefit of the assessee. The Corporation cannot claim to make an assessment on the basis of it. The appeals are dismissed. P.R.N. ------------- Appeals dismissed.